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Modification Of Judgment

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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 voluntarily submits to the execution of the judgment
2. defendant perfects an appeal
3. defendant withdraws his appeal
4. accused expressly waives in writing his right to appeal
5. accused files for probation



Section 8. Entry of judgment

How Entry of Judgment is Made
   - The recording of the judgment or order in the book of entries of
     judgments shall constitute its entry. The record shall contain the
     dispositive portion or order and shall be signed by the clerk of
     court with a certificate that such judgment or order has become
     final and executory.

MITTIMUS
   - It is a process issued by the court after conviction to carry out
     the final judgment.



Section 9. Existing provisions governing suspension of sentence, 
probation and parole not affected by this Rule

Exceptions For Suspension Of Sentence Of Youthful Offenders
1. offender has enjoyed previous suspension of sentence
2. offender is convicted of crime punishable by death or life imprisonment
3. offender is convicted by a military tribunal
4. offender is already of age at the time of sentencing even if he
   was a minor at the time of the commission of the crime

PROBATION
   - The period to file an application for probation is after the
     accused shall have been convicted by the trial court and within
     the period for perfecting an appeal.

     Probation is a mere privilege and is revocable before
     final discharge of the probationer by the court.

     The basis of the coverage of the Probation Law is gravity of the
     offense. Fixing the cut-off at a maximum term of 6 years
     imprisonment is based on the assumption that those sentenced to
     higher penalties pose too great a risk to society, not just
     because of their demonstrated capability for serious
     wrongdoing but because of the gravity of serious consequences of
     the offense they might further commit.

     OFFENDERS DISQUALIFIED FROM PROBATION
     1. Those sentenced to serve a maximum term of imprisonment of
        more than 6 years
     2. Those charged with subversion or any crime against national
        security or public order
     3. Those previously convicted by final judgment of an offense
        punished by imprisonment not less than 1 month and 1 day and/or
        a fine not less than P200
     4. Those who have been once on probation
     5. Those who are already serving sentence at the time the
        Probation Law of 1976 became applicable

     WHEN THE COURT SHOULD DENY PROBATION
     1. Offender is in need of treatment that can be provided most
        effectively by his commitment to an institution
     2. There is an undue risk that offender will commit another
        crime during the period of probation
     3. When probation will depreciate the seriousness of the crime

     Sentence Imposed                   Period Of Probation
     1. Not more than 1 year             Not more than 2 years
     2. More than 1 year                   Not more than 6 years
     3. Fine only, but offender         At least equal to the
        serves subsidiary                      number of days of
        imprisonment                           subsidiary imprisonment
                                                         but not more than twice
                                                         such period





















Promulgation Of Judgment

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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 offense
     charged which is included in the offense proved.

     In other words, if there is variance, the accused can only be
     convicted of the lesser offense which is included in the graver
     offense.



Section 5. When an offense includes or is included in another

Inclusion of Offenses
   - An offense charged necessarily includes the offense proved when
     some of the essential elements or ingredients of the former
     constitute the latter.

     An offense charged is necessarily included in the offense proved,
     when the essential ingredients of the former constitute or form
     part of those constituting the latter.



Section 6. Promulgation of judgment

PROMULGATION OF JUDGMENT IN CRIMINAL CASES
   - It is the reading of the judgment or sentence in the presence of
     the accused and the judge of the court who rendered it.

Rules on Promulgation of Judgment
   - Judgment must be rendered and promulgated during the incumbency
     of the judge who signed it.

The judgment must be read in its entirety for double jeopardy to attach.

The presence of counsel during promulgation is not necessary.

Generally, the accused must be present during promulgation of judgment.
(but see the following exceptions to this general rule)

INSTANCES OF PROMULGATION IN ABSENCIA
1. Judgment is for a light offense, in which case judgment may be
   promulgated in he presence of counsel for the accused or a
   representative.
2. Accused fails to attend the promulgation despite due notice or if
   he jumped bail or escaped form prison. Notice must be given to
   the bondsmen, warden, accused’s bailor and counsel.

How Promulgation In Absencia is Conducted
   - Promulgation shall be made by recording the judgment in the
     criminal docket and serving the accused a copy thereof at his last
     known address or through his counsel.

     If judgment is one of conviction and the accused is absent without
     justifiable cause, the court shall order his arrest and he shall
     lose the remedies available in the Rules against the judgment.

     However, the accused may surrender and file a motion for leave of
     court to avail of these remedies within 15 days from promulgation
     of judgment. If such motion is granted, he may avail of these
     remedies within 15 days from notice of such order granting the
     motion.



















Judgment Definition And Form

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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 court.

Article VIII, Section 14, par. 1 of the Constitution requires that
the decisions of the court shall contain the facts and the law on
which they are based. The rationale is that the losing party is
entitled to know why he lost, so he may appeal to a higher court.

The judge who penned the decision need not be the one who heard the
case. The judge can rely on the transcript of stenographic notes
taken during the trial.



Section 2. Contents of judgment

CONTENTS OF A JUDGMENT OF CONVICTION:
1. The legal qualifications of the offense constituted by the acts
   committed by the accused and the aggravating and mitigating
   circumstances which attended its commission.
2. Participation of the accused either as principal, accomplice
   or accessory
3. Penalty imposed on the accused
4. Civil liability or damages, if any, unless a separate civil action
   has been reserved or waived.

Alternative Penalties
   - A judge cannot impose alternative penalties (reclusion perpetua or
     P10,000 fine) because this would allow the accused to choose which
     penalty to serve, giving the accused discretion properly belonging
     to the court.

CONTENTS OF A JUDGMENT OF ACQUITTAL:
1. Whether the evidence absolutely failed to prove the guilt of the
   accused or merely failed to prove it beyond reasonable doubt
2. If the act or omission from which civil liability may arise did
   not exist

Barbers vs Laguio, Jr., 351 SCRA 606 (2001)
   - It is well settled that acquittal, in a criminal case is
     immediately final and executory upon its promulgation, and that
     accordingly, the State may not seek its review without placing
     the accused in double jeopardy.

Effect of Acquittal on Civil Liability
   - Acquittal of an accused based on reasonable ground does not bar
     the offended party from filing a separate civil action based on
     a quasi-delict. In fact, the court may hold an accused civilly
     liable even when it acquits him.











Demurrer To Evidence

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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 evidence within a non- extendible period of 10 days from notice of the grant of leave of court.

   - The prosecution may oppose the demurrer to evidence within a non-extendible period of 10 days from receipt of the demurrer.

b) Without leave
   - if the motion is denied, he loses the right to present evidence and the case will be deemed submitted for decision

If there are two or more accused and only one of them presents a demurrer to evidence, without leave of court, the trial court may defer resolution thereof until the decision is rendered on the other
accused.

An order denying the motion for leave of court to file a demurer shall NOT be reviewable by appeal or by  certiorari before judgment. This is because demurrer  is merely interlocutory. However, if there
was grave  abuse of discretion, then certiorari may apply.

If the court denies the demurrer to evidence without leave of court, the accused is deemed to have  waived his right to present evidence and submits the  case for judgment on the basis of the evidence of the prosecution.



Section 24. Reopening

At any time before finality of judgment of conviction, judge may, motu proprio or upon motion, with hearing in either case reopen to avoid miscarriage of justice.


When Mistake Has Been Made In Charging The Proper Offense

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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 that
     charged in the complaint or information would be an unauthorized
     denial of that right.



Section 20. Appointment of acting prosecutor

When a prosecutor, his assistant or deputy is disqualified to act,
the judge or the prosecutor shall communicate with the Secretary of
Justice in order that the latter may appoint an acting prosecutor.



Section 21. Exclusion of the public

GENERAL RULE:
   - The accused has the right to public trial and under ordinary
     circumstances, the court may not close the door of the courtroom
     to the general public.

     EXCEPTION: The public may be excluded from the courtroom when
     evidence to be produced is offensive to decency or public morals.

     The court may also, on motion of the accused, exclude the public
     from the trial except court personnel and the counsel of the parties.



Section 22. Consolidation of trials of related offenses

This Contemplates A Situation Where Separate Motions Are Filed:
1. for offenses founded on the same facts;
2. for offenses which form part of a series of offenses of similar
   character.

The purpose of consolidation is to avoid multiplicity of suits, guard
against oppression or abuse, prevent delay, clear congested dockets,
simplify the work of the trial court, and save unnecessary cost or
expense; in short, the attainment of justice with the least expense
and vexation to the party litigants.

While consolidation of cases and joint trial of related offenses and
the rendition of a consolidated decision are allowed, the court cannot
convict an accused of a complex crime constitutive of the various
crimes alleged in the consolidated cases.











Discharge Of Accused Operates As Acquittal

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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 fact that there was conspiracy does not preclude one from
          being discharged as a state witness. What the court takes into
          account is the gravity or nature of acts committed by the
          accused to be discharged compared to those of his co-accused,
          and not merely the fact that in law the same or equal penalty
          is imposable on all of them.

7. Accused has not been convicted of any offense involving moral turpitude.

TWO TYPES OF IMMUNITY:
a. TRANSACTIONAL IMMUNITY – witness can no longer be prosecuted for
   any offense whatsoever arising out of the act or transaction.

b. USE-AND-DERIVATIVE-USE-IMMUNITY – witness is only assured that
   his or her particular testimony and evidence derived from it will
   not be used against him or her in a subsequent prosecution.

The application for discharge of the state witness must be made upon
motion of the prosecution BEFORE resting its case.

The defense should be afforded opportunity to oppose the motion to
discharge an accused to be a state witness.

Any question against the order of the court to discharge an accused
to be used as state witness must be raised in the trial court; it
cannot be considered on appeal. Where there is, however, a showing of
grave abuse of discretion, the order of the trial court may be
challenged in a petition for certiorari and prohibition.

A discharge under the original information is just as binding upon
the subsequent amended information, since the amended information is
just a continuation of the original.

The subsequent amendment of the information does not affect the
discharge of an accused as a state witness because the amended
information is not anew information but is a continuation of the
original proceeding.

GENERAL RULE:
   - A co-conspirator may testify against the other co-conspirator
     even if not done clandestinely PROVIDED it must be received by
     court with caution and must be substantially corroborated in
     its material points.

     The EXCEPTION to this rule is even if uncorroborated but the
     testimony was given in a straightforward manner and it contains
     details which could not have been the result of deliberate
     afterthought.

It is not necessary that there be a hearing of the motion to
discharge as long as the court is able to receive evidence for and
against the discharge of an accused to become a witness. (People v Sunga)

GENERAL RULE:
   - The discharge of an accused to be a state witness amounts to
     an acquittal and is a bar to future prosecution for the same
     offense.

     Where an accused has been discharged to be utilized as state
     witness and he thus testified, the fact that the discharge was
     erroneous as the conditions for discharge were not complied with
     did not thereby nullify his being precluded from re-inclusion
     in the information or from being charged anew for the same
     offense or for an attempt or frustration thereof, or for crimes
     necessarily included in or necessarily including those offense.

     EXCEPTIONS:
     a. If accused fails or refuses to testify against the co-accused;
     b. If he was granted immunity and fails to keep his part of the
        agreement, his confession of his participation in the
        commission of the offense is admissible in evidence against him.


















Trial Of Several Accused

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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 the evidence to be adduced by each accused should not be
considered as evidence against the other accused.

When a separate trial is demanded and granted, it is the duty of the
prosecution to repeat and produce all its evidence at each and every
trial, unless it has been agreed by the parties that the evidence for
the prosecution would not have to be repeated at the second trial and
all the accused had been present during the presentation of the
evidence of the prosecution and their lawyer had the opportunity to
cross-examine the witnesses for the prosecution.

People v. Ellasos and Obillo, G.R. No. 139323 (2001)
   - The trial judge gravely erred in rendering a judgment of
     conviction against both accused. Since the trial of B did not
     take place, the trial court should have rendered a decision only
     against A.



Section 17. Discharge of accused to be state witness

STATE WITNESS
   - One of two or more persons jointly charged with the commission of
     a crime but who is discharged with his consent as such accused so
     that he may be a witness for the state.









Examination Of Defense Witness How Made

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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 narrow the issues
8. Expedite and facilitate both preparation and trial

WHO SHOULD MAKE THE EXAMINATION?
1. judge;
2. a member of the Bar in good standing so designated by the judge;
3. before an inferior court designated in the order of a superior court



Section 14. Bail to secure appearance of material witness

People v Montejo, 21 SCRA 722 (1967)
   - Even if the witness has been cited to appear before a court sitting
     outside of the province in which he resides and the distance is
     more than 50km (now 100km) from his place of residence by the usual
     course of travel, he is still bound by the subpoena. Rule 23 applies
     only in civil cases.

If the court is satisfied upon proof or oath that a material witness will
not testify when required, it may order the witness to post bail in such
sum as may be deemed proper. If the witness refuses to post bail, the
court shall imprison him until he complies or is legally discharged
after his testimony has been taken.



Section 15. Examination of witness for the prosecution

EXAMINATION OF WITNESS FOR THE PROSECUTION:
1. The witness for the prosecution may be conditionally examined by
   the court where the case is pending if said witness is:
   a. Too sick to appear at the trial; or
   b. Has to leave the Philippines with no definite date of return.
2. Such examination should be in the presence of the accused or in
   his absence after reasonable notice to attend the examination has
   been served on him.
3. Examination of child witnesses is tackled under the Rule on
   Examination of a Child Witness which took effect on December
   15, 2000.

Examination of Defense Witness vs. Examination of Prosecution Witness

   Examination of Defense Witness - Conducted before any judge, member
   of the bar in good standing or before any inferior court.
   No right to cross-examine.
   Maybe made if the witness resides more than 100 km. from the place
   of trial.

   Examination of Prosecution Witness - Conducted ONLY before the
   judge or the court where the case is pending.
   Right to cross-examine.
   Can not be made even if the witness resides more than 100 km.
   from the place of trial.













Order Of Trial

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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/information but interposes a lawful defense, the trial
     court may allow the accused to present his defense first and
     thereafter give the prosecution the opportunity to present his
     rebuttal evidence.

     A departure from the order of the trial is NOT reversible error
     as where it was agreed upon or not seasonably objected to, but
     not where the change in the order of the trial was timely objected
     by the defense.

     Where the order of the trial set forth under this section was not
     followed by the court to the extent of denying the prosecution an
     opportunity to present its evidence, the judgment is a NULLITY.

     Prosecution begins because it has the burden of proving the guilt
     of the accused, relying on the strength of its own evidence and
     NOT on the weakness of the defense.

     If there is not enough evidence to prove the accused’s guilt beyond
     reasonable doubt, then the defense should file Demurrer to Evidence.

People v. Gutierrez, 302 SCRA 643 (1999)
   - Refusal of the trial court to reverse the order of trial upon
     demand of the accused who pleads self-defense as a defense is
     not a reversible error.

Negative Defense vs. Affirmative Defense

     Negative defense - Requires the prosecution to prove the guilt of
     the accused beyond reasonable doubt.
     Accused claims that one of the elements of the offense charged
     is not present. It is incumbent upon the prosecution to prove the
     existence of this element.

     Affirmative defense - the accused admits the act or omission
     charged but interposes a defense which if proven would exculpate
     him.



Section 12. Application for Examination of Witness for Accused Before
Trial

Accused may have his witness examined conditionally in his behalf
BEFORE trial upon motion with notice to all other parties:

SUCH MOTION MUST STATE:
1. Name and residence of the witness;
2. Substance of testimony;
3. Witness is so sick to afford reasonable ground to believe that he
   will not be able to attend the trial OR resides more than 100km
   and has no means to attend the same or other similar circumstances.












Sanctions

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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 jurisdiction over the person of the accused, and within the
same period, the court must set the case for pre-trial, and within
30 days from the receipt of the pre-trial order, the trial must be
commenced.

The remedy of the accused is to file a motion to dismiss the information
on the ground of denial of his right to speedy trial. Failure of the
accused to move for dismissal prior to trial shall constitute a waiver
of his right to dismiss under this section.

The dismissal shall be subject to the rules on double jeopardy. So if
the dismissal is with prejudice, the case cannot be revived anymore.
But if the dismissal is without prejudice, the revival of the case
is proper.



Section 10. Law on speedy trial not a bar to provision on speedy 
trial in the Constitution

The accused should be brought to trial within 30 days from the date
the court acquires jurisdiction over the person of the accused
(Rule 116, Section 1g). If he is not brought to trial within the period
specified, he may quash the information on the ground of denial of his
right to speedy trial. Failure to move for dismissal prior to trial
shall constitute a waiver of the right to dismiss under Section 9,
Rule 120.

Arraignment must be set within 30 days from the date the court acquires
jurisdiction over the person of the accused, and within the same period,
the court must set the case for pre-trial, and within 30 days from the
receipt of the pre-trial order, the trial must be commenced.








Introduction To Criminology Reviewer

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introduction to criminology
Introduction To Criminology




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; 3. sentence
           delinquency, not the delinquent; 4. interfere parsimoniously;
           5. restrain efforts to prevent crime; modern day
           utilitarianism.

Anger - is an emotion characterized by antagonism toward someone or
something you feel has deliberately done you wrong.

Anomie - is a condition in which society provides little moral
guidance to individuals.

Anthropology - is the study of humans, past and present.

Atavism - The return of a trait or recurrence of previous behavior
after a period of absence.

Atavistic Anomaly - physically their throwbacks on the evolutionary
scale to more primitive times, where people were savages.

August Aichhorn - is considered to be one of the founders of psychoanalytic
education. He is remembered for his work with juvenile delinquent and
disadvantaged youth. He believed that imposed discipline and suppression
which were practiced in traditional reformatories yielded few
positive results.

Autophobia - is the specific phobia of isolation; a morbid fear of
being egotistical, or a dread of being alone or isolated.

          Monophobia - is an acute fear of being alone and having to
          cope without a specific person, or perhaps any person, in
          close proximity.

Biometrics - is a technique for identification of people that uses
body characteristics or behavioural traits and is increasingly being
used instead of or in conjunction with other forms of identification
based on something you have (e.g. ID card) or something you know
(e.g. password or PIN).

Bromberg - (crime and mind 1948) criminality is the result of
emotional immaturity. A person is emotionally matured when he has
learned to control his emotion effectively and who live at peace
with himself and in harmony with the standard of conduct which are
acceptable to society. Am emotionally immature person rebels against
rules and regulations, tends to engage in unusual activities and
experience a feeling of guilt due to inferkiority complex.

Brotherhood - an association, society, or community of people linked
by a common interest, religion, or trade.

Cesare Beccaria - founders of the classical school of thought within
criminology.

Cesare Lombroso - an Italian criminologist, founder of the Italian
school of criminology, formulated the theory of anthropological
criminology, essentially stated that criminality was inherited, and
that someone "born criminal" could be identified by physical defects,
which confirmed a criminal as savage, or atavistic.

Charles Darwin - wrote Origin of Species in 1859, kicked off the
scientific revolution, father of evolution.

Charles Goring - author of the influential work The English convict:
a statistical study.

          The English convict: a statistical study - It was first
          published in 1913, and set out to establish whether there
          were any significant physical or mental abormalities among
          the criminal classes that set them apart from ordinary men,
          as suggested by Cesare Lombroso. He ultimately concluded
          that "the physical and mental constitution of both criminal
          and law-abiding persons, of the same age, stature, class,
          and intelligence, are identical. There is no such thing as
          an anthropological criminal type."

Classical School - based on free will; able to make decisions in a
logical way; assumes people are hedonistic.


Conflict Of Culture Theory - by Thorstein Sellin. It was emphasized
in this theory that the multiplicity of conflicting cultures is the
principal source of social disorganization. The high crime and
delinquency rates of certain ethnic or racial group is explained by
their exposure to diverse and incongruent standards and codes of
larger society.

Containment Theory - criminality is brought about by the inability of
the group to contain behavior of its member and that of effective
containment of the individual into the value system and structure of
society will minimize crime.

Copycat Crime - A copycat crime is a criminal act that is modelled or
inspired by a previous crime that has been reported in the media or
described in fiction.

Criminaloid - (from the word "criminal" and suffix -oid, meaning
criminal-like) is a person who projects a respectable, upright facade,
in an attempt to conceal a criminal personality. This type, first
defined by Cesare Lombroso in the later editions of his 1876 work
"the Criminal man".

Criminal Personality - 1. the roots of criminality lie in the way in
which people think and make decisions; 2. criminals think and act
differently from others, even at a very young age; 3. criminals are
irresponsible, 4. deterministic explanations of crime result from
believing the criminal who is seeking sympathy.

          Anti-Social Personality - characterized by patterns of
          irresponsible and antisocial behavior, as well as
          aggressive tendencies.

Cyril Burt - gave the theory of general emotionality. An excess of the
submissive instinct account for tendency of many criminals to be
weak-willed or easily led. Fear and absconding may be due to the
impulse of fear.

Determinism - belief that individual behavior is beyond the control
of the individual; opposite of free will.

Differential Association Theory - Criminal behavior is learnable and
learned in interaction with other deviant persons. Through this
association, they learn not only techniques of certain crimes, but
also specific rationale, motives and so on.

          Edwin Sutherland - Differential association theory was
          Sutherland's major sociological contribution to criminology;
          similar in importance to strain theory and social control
          theory. These theories all explain deviance in terms of the
          individual's social relationships.

          Imitation-Suggestion Theory -  by Gabriel Tarde, Delinquency
          and crime pattern are learned and adopted. The learning
          process either be conscious type copying or unconscious
          copying of confronting pattern of behavior.

Differential-Social Disorganization Theory - This is sometimes called
Social Disorganization. There is social disorganization when there is
breakdown, changes, conflict of values between the new and the old,
when there is reduced influence of the social institution over behavior
and when there is declining influence of the solid moral and ethical
front.
       
Electroencephalogram - recording of electrical activity of the brain;
measures it.

Emile Durkheim - father of sociology. He is a Frenchman, Chief among
his claims is that society is a sui generis reality, or a reality
unique to itself and irreducible to its composing parts. It is
created when individual consciences interact and fuse together to
create a synthetic reality that is completely new and greater than
the sum of its parts.

E. O. Wilson - put forth a theory that differed from earlier theories,
believed that biological factors affect the perception and learning
of social behaviors.

Etiology of Crime - causes of crime.

Eugenics - the science of improving a human population by controlled
breeding to increase the occurrence of desirable heritable characteristics.
Developed largely by Francis Galton as a method of improving the human race.

Free Will - the idea that human beings are free to choose one behavior
or action over another.

Frustration - the feeling of being upset or annoyed, especially because
of inability to change or achieve something.

General Deterrence - involves the effects of legal punishment on
those persons who have not suffered.

          Specific Deterrence -  involves the effects of legal punishment
          on those who have suffered it.

Genetics - the branch in biology that deals with heredity.

Healy - (individual delinquency) crime is the expression of the mental
content of the individual. Frustration of the individual causes
emotional discomfort, personality demands removal of pain and the
pain is eliminated by substitute behavior, that is the start of the
crime delinquency of an individual.

Gianelt Index of Criminality - this crimino-synthesis explains the
reason why a person may commit a crime or inhibit himself from doing so.

Hedonism - pleasure or the absence of pain is the soul good in life.

Henry Maudsley - mental illness and criminal behavior went hand in
hand, crime prone traits were inherited.

Incapacitation - when they are locked up behind bars, they can't commit
anymore crimes.

Italian School Of Criminology - Founded in the end of the 19th century
by Cesare lombroso and 2 of his disciples, Enrico Ferri and Rafael
Garofalo.

          Enrico Ferri - an italian criminologist, student of Lombroso,
          His work served as the basis for Argentina’s penal code of 1921.
          His research led to him postulating theories calling for crime
          prevention methods to be the mainstay of law enforcement, as
          opposed to punishment of criminals after their crimes had
          taken place.

          Rafael Garofalo - often regarded as the father of Criminology.
          He is a student of Cesare Lombroso.

James Q. Wilson -  advocate for special deterrence; ultilitarian.

Jeremy Bentham - founders of the classical school of thought within
criminology. He is a lawyer.

Jukes Family -  family of criminals. Descendants are criminally minded
and committed crimes.

          Jonathan Edwards Family - opposite of jukes Family,
          descendants are good people and attained prominence in
          various fields.

Kallikak Family - A Study in the Heredity of Feeble-Mindedness was a
1912 book by the American psychologist and eugenicist Henry H. Goddard.
The work was an extended case study of Goddard's for the inheritance of
"feeble-mindedness," a general category referring to a variety of mental
disabilities including mental retardation, learning disabilities, and
mental illness. Goddard concluded that a variety of mental traits were
hereditary and society should limit reproduction by people possessing
these traits.

Karyotype Studies - examination and comparison of chromosomes.

Kleptomania - a recurrent urge to steal, typically without regard
for need or profit.

Lawrence Kohlberg - pathological jealousy, quick anger reactions, and
the bearing of grudges.

Limbic System - a set of areas in the human brain that integrate a
wide variety of messages from the senses and control goal-oriented
response to environmental and internal stimuli.

Megalomania - is a psychopathological condition characterized by
delusional fantasies of power, relevance, omnipotence, and by inflated
self-esteem.

Mens Rea - The state of mind indicating culpability which is required
by statute as an element of a crime.(Latin) guilty mind.

Miller Lower-Class Culture Conflict Theory - citizens who obey the
street rules of lower class life find themselves in conflict with
the dominant culture.

Moral/Intellectual Stages - deals with how adults morally represent a
reason about the world that they live in.

Morphology - deals with the form and structure of an organism or any
of its parts; measuring different parts of the human head; there is
a meaningful relationship between certain types of physical features
and personality.

Neo-Classical Perspective - stressed that the legal system should
focus exclusively on doing justice; respond to the crime; the
criminal made the rational decision.

Neurosis - condition characterized by anxiety, impulses may
breakthrough and take control.

          Amnesia - a partial or total loss of memory. Origin late 18th
          century: from Greek amnēsia ‘forgetfulness.’

          Delusion - a belief that is not true : a false idea. : a
          false idea or belief that is caused by mental illness.

          Dementia praecox (a "premature dementia" or "precocious madness")
          refers to a chronic, deteriorating psychotic disorder
          characterized by rapid cognitive disintegration, usually
          beginning in the late teens or early adulthood. It is a term
          first used in 1891 in this Latin form by Arnold Pick (1851–1924),
          a professor of psychiatry at the German branch of Charles
          University in Prague.

          Psychosis - severe form of mental disturbance, behavior
          impairs or gets in the way of everyday focus, Id takes
          control.

          Schizophrenia - often linked to criminal behavior,
          incoherent thought process, thinking is scrambled and may
          have split personalities.

          Paranoia - pathological jealousy, quick anger reactions,
          and the bearing of grudges.

Penal Couple - is defined as the relationship between perpetrator and
victim of a crime. That is, both are involved in the event.

Penitentiary -  repent of wrongdoing and the will to atone for it.

Phobia - an extreme or irrational fear of or aversion to something.

Phrenology - study of the shape of the skull and bumps of
facial features. The study of facial features.

          Craniology - the scientific study of the shape and size of
          the skulls of different human races. Another term for
          Phrenology.

Psychopatic Personality – This is the most important cause of
criminality among youthful offenders and habitual criminals. It is
characterized by infantile level or rescind, lack of conscience,
deficient feeling of affection to others and aggression to environment
and other people.

Physiognomy - to judge, interpret, or assess a person's character or
personality from his or her outer appearance, especially the face.
This study and science was used by Beccaria (1764) and lavater (1175)
to discover the character of a person.

Positivist School - based on determinism; human behavior is controlled
by science.

          Positivism - the belief that the classical school of
          thought is wrong in explaining what causes crime because
          they failed to explain adequately the why portion.

          Cesare Lombroso - father of positivism; medical doctor who
          wanted to see whether criminals were physically different,
          believed in atavistic anomaly.

Psychiatry - the study and treatment of mental illness, emotional
disturbance, and abnormal behavior.

Psychoanalytic - the analysis of human behavior. First laid out by
Sigmund Freud in the 19th century.

Recidivism - elapse into criminal behavior; where you return back into
the criminal system.

Regression - a return to an earlier stage of life or a supposed previous
life, especially through hypnosis or mental illness, or as a means of
escaping present anxieties.

Samuel Yochelson - convinced that there is such thing as a criminal
personality.

Schools of Thought - devices for organizing fundamentally differing
views of human nature and relating them to issues surrounding crime
and its control.

Sexual Deviation - a type of mental disorder characterized by a
preference for or obsession with unusual sexual practices.

          Exhibitionism - a mental condition characterized by the
          compulsion to display one's genitals in public.

          Fetishism - is sexual attraction to objects, situations, or
          body parts not traditionally viewed as sexual.

          Paraphilia - a condition characterized by abnormal sexual
          desires, typically involving extreme or dangerous activities.

          Pedophilia - sexual feelings directed toward children.

          Sadomasochism - is the giving or receiving of pleasure,
          sometimes sexual, from acts involving the infliction or
          reception of pain or humiliation.

          Sadism - the tendency to derive pleasure, especially sexual
          gratification, from inflicting pain, suffering, or humiliation
          on others.

          Transvestism (also called transvestitism) - is the practice
          of dressing and acting in a style or manner traditionally
          associated with another gender.

          Masochism - the tendency to derive pleasure, especially
          sexual gratification, from one's own pain or humiliation.

          Voyeurism - Watching others while naked or having sex,
          generally without their knowledge; also known as scopophilia
          or scoptophilia.

          Zoophilia - is a paraphilia involving cross-species sexual
          activity between human and non-human animals or a fixation
          on such practice.

Shaw and Mckay's Ecological Theory - crime is a product of transitional
neighborhoods that manifest social disorganization and value conflict.

Sigmund Freud - austrian psychiatrist; his approach: crime is but
one form of deviance.

          ID - contains the inner world of the individual's inborn
          instincts and reflexes.

          Ego - represents the real world of the individual's
          conscious reason and common sense.

          Superego - inner world of the individual's ideal
          expectations and conscience; the conceptions of what the
          individual considers to be morally good.

Social Bond Theory - relation between social factors and individual
activities; individuals become free to commit crimes when their ties
to society are broken.

Spiritual School - based on determinism; human behavior is determined
by God or demons or Satan.

Stanton Samenow -  convinced that there is such thing as a
criminal personality.

Thomas Hobbes - he believed that man is egotistical and self-centered;
if he thought he could get away with it, then he would commit the crime.

Type of Physique

          Ectomorph - a person with a lean and delicate body build. Are
          tall and thin and less social and more intellectual.

          Mesomorph - a person with a compact and muscular body build.
          Have well-developed muscles and an athletic appearance. They
          are active, aggressive, sometimes violent, and more likely
          to become criminals.

          Endomorph - a person with a soft round body build and a
          high proportion of fat tissue. Have heavy builds and are
          slow moving. They arte known for lethargic behavior
          rendering them unlikely to commit violent crime and more
          willing to engage in less strenuous criminal activities such
          as fencing stolen property.


Typology of Crime - involve classifying offenses or offenders according
to some criteria of relatedness or similarity.

Utilitarianism - the belief that legal punishments serve two vital
functions: 1. deterring persons from committing the crimes and
2. protecting society from those wholes acts threaten the social order;
the greatest good for the greatest number.

William Sheldon - an American psychologist who created the field of
somatotype and constitutional psychology that tried to correlate body
types with behavior,intelligence, and social hierarchy through his
Ivy league nude posture photos.

                               Temperament
          Viscerotonic - Coined by WH Sheldon, from viscera + -o- +
          tonic. Designating a personality type characterised as
          sociable, easy-going, and comfort-seeking.

          Somatonic - active, dynamic; walks, talks, gestures
          assertively and behaves aggressively.

          Cerebrotonic - Introvert and full of functional complaints
          to allergies, skin troubles, chronic fatigue, insomia,
          insensitive skin, and to noise, shrinks from crowds.

XYY Syndrome - these people are very tall and disproportionate;
more inclined to commit crimes.

Time Limit Following An Order For New Trial

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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.



Section 6. Extended time limit

Notwithstanding the provisions of section 1(g), Rule 116 and the
preceding section 1, for the first twelve-calendar-month period
following its effectivity on September 15, 1998, the time limit with
respect to the period from arraignment to trial imposed by said provision
shall be one hundred eighty (180) days. For the second twelve-month period,
the limit shall be one hundred twenty (120) days, and for the third
twelve-month period, the time limit shall be eighty (80) days.
(sec. 7, cir. 38-98)



Section 7. Public attorney’s duties where accused is imprisoned

Public Attorneys Duties:
1. Promptly undertake to obtain the presence of the prisoner for trial
   or cause a notice to be served on the person having custody of the
   prisoner requiring such person to so advise the prisoner of his right
   and demand trial.
2. Upon receipt of that notice, the custodian of the prisoner shall
   promptly advise the prisoner of the charge and of his right to
   demand trial. If at anytime thereafter the prisoner informs his
   custodian that he demands such trial, the latter shall cause notice
   to that effect to be sent promptly to the public attorney.
3. Upon receipt of such notice, the public attorney shall promptly seek
   to obtain the presence of the prisoner for trial.
4. When the custodian of the prisoner receives from the public attorney
   a properly supported request for the availability of the prisoner for
   purpose of trial, the prisoner shall be made available accordingly.

Public Attorneys referred to in this section are those attorneys of the
Public Attorney’s Office of the Department of Justice who are assisting
accused not financially capable to have a counsel of their own. These
public attorneys enter their appearance in behalf of the accused upon
his request or that of his relative or upon being appointed as counsel
de oficio by the court.

The sanctions are designed to speed up the trial and disposition of the
cases and to encourage the lawyers to go to court ready for trial and
not “ready to postpone.”










Exclusions

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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. Any period of delay resulting from the absence or unavailability of
   an essential witness.

C. Any period of delay resulting from the mental incompetence or
   physical inability of the accused to stand trial.

D. If the information is dismissed upon motion of the prosecution and
   thereafter a charge is filed against the accused for the same offense,
   any period of delay from the date the charge was dismissed to the
   date the time limitation would commence to run as to the subsequent
   charge had there been no previous charge.

E. A reasonable period of delay when the accused is joined for
   trial with a co-accused over whom the court has not acquired
   jurisdiction, or, as to whom the time for trial has not run and no
   motion for separate trial has been granted.

F. Any period of delay resulting from a continuance granted by any
   court motu proprio, or on motion of either the accused or his
   counsel, or the prosecution, if the court granted the continuance
   on the basis of its findings set forth in the order that the ends
   of justice served by taking such action outweigh the best interest
   of the public and the accused in a speedy trial.

Absent
   - When the whereabouts are unknown or cannot be determined with
     due diligence.

Unavailable
   - When his whereabouts are known but his presence at the trial cannot
     be obtained with due diligence




Continuous Trial Until Terminated; Postponements

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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 Procedure or those
   where the penalty does not exceed 6 months imprisonment or a fine
   of P1,000 as governed by the Rules on Summary Procedure
2. When the offended party is about to depart with no definite date
   of return
3. Child abuse cases
4. Violations of Dangerous Drugs Law
5. Kidnapping, robbing in a band, robbery against banking or financial
   institution, Violation of Carnapping Act and other heinous crimes.

Requisites Before A Trial Can Be Put On Account Of The Absence 
Of Witness:
1. That the witness is material and appears to the court to be so;
2. That the party who applies has been guilty of no neglect;
3. That the witnesses can be had at the time to which the trial is
   deferred and incidentally that no similar evidence could be obtained;
4. That an affidavit showing the existence of the above circumstances
   must be filed.

Remedies Of Accused Where A Prosecuting Officer Without Good Cause 
Secure Postponements Of The Trial Of A Defendant Against His Protest
Beyond A Reasonable Period Of Time:
1. Mandamus to compel
2. If he is restrained of his liberty, by habeas corpus to obtain
   his freedom

Duties Of Presiding Judge Under The Continuous Trial System:
1. Adhere faithfully to the session hours prescribed by laws;
2. Maintain full control of the proceedings;
3. Efficiently allocate and use time and court resources to avoid
   court delays.










Time To Prepare For Trial

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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 arraigned
2. He has been notified of the trial
3. His failure to appear is unjustified

People v. Agbulos, G.R. No. 73907 (1993)
   - The purpose of trial in absentia is to speed up
     the disposition of criminal cases.

Effects Of Trial In Absentia
People v. Landicho, G.R. No. 119527 (1996)
   - The accused waives the right to present evidence
     and cross-examine the witnesses against him.

     The accused’s waiver does not mean, however, that the prosecution
     is deprived of the right to require the presence of the accused
     for purposes of identification by the witnesses which is vital for
     conviction of the accused, except where he unqualifiedly admits in
     open court after his arraignment that he is the person named as
     defendant in the case on trial.

Instances Where The Presence Of The Accused Is Required By Law:
1. On arraignment;
2. On promulgation of judgment except for light offenses;
3. For identification purposes;
4. When the court with due notice requires so










Pre-Trial Mandatory In Criminal Cases

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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 is contrary to the rule on
stipulations of facts during trial which only requires the signature
of counsel in order to be valid.

Purpose of the Rule
   - The requirements in Section 2 are intended to further safeguard
     the rights of the accused against improvident or unauthorized
     agreements or admissions which his counsel may have entered into
     without his knowledge.



Section 3. Non-appearance at pre-trial conference

The court may impose proper penalties and sanctions for non-appearance
during the pre-trial conference by the counsel for the accused or the
prosecutor without acceptable cause. The reason for this is in order
to enforce the mandatory nature of pre-trial in criminal cases.

The sanctions may be in the form of reprimand, fine, or imprisonment.
Inasmuch as this is similar to indirect contempt of court, the penalty
for indirect contempt of court may be imposed.

He court may only impose sanctions for non- appearance on counsel or
the prosecutor, not on the accused. The reason why the accused is not
required to appear is that to include him among the mandatory parties
might violate his constitutional right to remain silent.



Section 4. Pre-trial order

Pre-Trial Order
   - It is an order issued by the court reciting the actions
     taken, the facts stipulated and the evidence marked
     during the pre-trial conference. Such order binds the
     parties and limits the trial to those matters not
     disposed of.









Marine Deck Officers Board Exam Result July 2014

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marine deck officers board exam result
Marine Deck Officers




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 Identification Cards are as follows:
   1. Registration for the issuance of Certificate of Registration and
      Professional Identification Cards will start on August 15, 2014.
   
     The date and venue for the oath taking ceremony of the new successful
     examinees in the said examination WILL BE ANNOUNCED LATER.

   2. The deadline for submission of Certificates of Ship Simulator and
      Bridge Teamwork with Practical Assessment will be on July 22, 2014

Radiologic and X-Ray Technologist Board Exam Result July 2014

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radiologic and x-ray technologist board exam result
Radiologic and X-Ray




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 ROXAS MANGUIRA Top the Radiologic Technologist Licensure
Examination with a rating of 92.60%.

An Examinee from Virgen Milagrosa University Foundation in San Carlos
City Pangasinan in the person of RIMA MIA PADRID MACARAEG Top the
X-Ray Technologist Licensure Examination with a rating of 86%.

Provisional Remedies

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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
     - Criminal liability of the accused has been upgraded
       (ex. accomplice --- principal)



Section 9. Failure to move to quash or to allege any ground therefor

ALL THE GROUNDS FOR A MTQ ARE DEEMED
WAIVED IF NOT SEASONABLY RAISED, EXCEPT:
1. Facts charged do not constitute an offense
2. Court trying the case has no jurisdiction over the offense charged
3. Criminal action or liability has been extinguished
4. Double jeopardy





Former Conviction Or Acquittal; Double Jeopardy

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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 facts arising out of the same act or omission              constituting the former charge
     2. The facts constituting the graver offense became known or were discovered only after a plea                was entered in the former complaint or information.
     3. The plea of guilty to a lesser offense was made without the consent of the prosecutor and the                offended party

REQUISITES TO RAISE DOUBLE JEOPARDY:
1. first jeopardy must have attached
2. first jeopardy must have been terminated
3. The second jeopardy must be for the same offense or the second offense includes or is necessarily       included in the offense charged in the first information or is an attempt or frustration thereof.

REQUISITES FOR 1ST JEOPARDY TO ATTACH:
1. valid complaint or information
2. court of competent jurisdiction
3. valid arraignment
4. valid plea
5. the defendant was acquitted, convicted, or the case was dismissed without his express consent or        authority.

NOTE: In order to raise double jeopardy for the SAME ACT, there must be an acquittal or conviction. For double jeopardy for the SAME OFFENSE it is sufficient that the case was dismissed without his express consent.

Perez vs. CA, 163 SCRA 236 (1988)
- If a single act is punished by two different laws, but each requires proof of an additional fact which the other does not require, conviction or acquittal in one will not bar a prosecution for the other.

Ex. Violation of BP 22 and Estafa

Double Jeopardy will not apply in case of a conviction of a crime under a special law, which also constitutes an offense under the Revised Penal Code. This is because the former is malum prohibitum, while the latter is mala in se.

In order for double jeopardy to attach, the judgment must be reading its entirety (promulgation of judgment). If only the dispositive portion is read, then double jeopardy will not attach.

Test for “Valid Complaint or Information”
 - In general, if it can support a valid conviction. This means that all the necessary elements of the crime are alleged.

What is controlling for purposes of determining the presence of double jeopardy is the crime charged in the complaint not the crime proven in trial.

Dismissal vs. Acquittal
1. Dismissal - Does not decide the case on the merits, does not determine defendant’s guilt or innocence.
 
Acquittal - Always based on the merits. Defendant is acquitted because  guilt wasn’t proven beyond reasonable doubt.

2. Dismissal - Double Jeopardy will not always attach.
 
Acquittal - Double Jeopardy always attaches.

WHEN DISMISSAL = ACQUITTAL:
1. Demurrer to evidence
2. Dismissal due to violation of right to speedy trial (even if  dismissal was upon motion of the accused or with his express consent)

Rules Regarding “Without Express Consent”
- If dismissal was upon motion of the accused or counsel, such is deemed to be with defendant’s express consent.

Silence of the accused does not mean consent.

Statement of “no objection” is express consent.

Rules Regarding State Witnesses
- An order discharging an accused as a state witness amounts to an acquittal, hence double jeopardy will apply.

However, if he fails or refuses to testify against his co-accused in accordance with his sworn statement, he may be prosecuted again.

Effect Of Sustaining The Motion To Quash

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Section 4. Amendment of complaint or information

If the alleged defect in the complaint or information may be cured by
amendment, the court shall order the amendment instead of quashing the
complaint or information. However, if the prosecution fails to amend
the complaint or if after the amendment the defect is still not cured,
the MTQ shall be granted.

A good tactical move would be to have the accused first plead to the
information and thereafter file a motion to quash either before or
after the prosecution has presented its evidence. Pursuant to Sec.
9 of Rule 117, an accused, even after he has entered his plea, may
still move to quash the information on the ground that it does not
charge an offense. If the case is dismissed on such ground, the
prosecution may not be permitted to correct the information because
the accused has already pleaded and to allow such amendment may place
the accused twice in jeopardy.



Section 5. Effect of sustaining the motion to quash

EFFECTS IF MOTION TO QUASH IS SUSTAINED:
1. If the ground for the motion is either:
   a. Facts charged do not constitute an offense
   b. Officer who filed the information had no authority to do so
   c. Information does not conform substantially to the prescribed form
   d. duplicitous information

   The court may order that another information be filed or an
   amendment thereof be made, as the case may be, within a definite
   period. If such order is not made, or if having been made, another
   information is not filed within the time specified in the order or
   within such time as the court may order, the accused, if in custody,
   shall be discharged therefrom, unless he is also in custody on some
   other charge.

2. If the motion is based on the following grounds:
   a. Criminal action or liability has been extinguished
   b. Information contains averments which, if true, would constitute
      a legal excuse or justification
   c. double jeopardy

   The court must state, in the order granting the motion, the release
   of the accused if he is in custody or the cancellation of his bond
   if he is on bail.

3. If the ground for the MTQ was that the court has no jurisdiction
   over the offense, the better practice is to forward or remand the
   case to the proper court, not to quash the complaint or information.

PROCEDURE IF MOTION TO QUASH IS DENIED:
1. Accused should plead
2. Accused should go to trial without prejudice to the special defenses
   he invoked in the motion
3. Appeal from the judgment of conviction, if any, and interpose the
   denial of the motion as an error.

Remedy of Aggrieved Party
   - An order granting a MTQ is appealable, as the proper remedy.
     The accused would not be placed in double jeopardy because the
     accused has not been arraigned yet.

Newsweek Inc. vs IAC, 142 SCRA 443 (1986)
   - An order denying a MTQ is not appealable because such order is
     merely interlocutory. However, if the court, in denying the MTQ,
     acts with grave abuse of discretion, the certiorari or prohibition
     will lie.

This rule does not preclude the aggrieved party from filing a special
civil action of certiorari, as a substitute for the remedy of a lost
appeal, where there is a patent, capricious and whimsical exercise of
discretion by a trial judge or where an appeal will not promptly relieve
the aggrieved party from the injurious effect of the disputed order,
as in the quashal of an information for incomplete preliminary
investigation.