RULE 115 consent of the offended party and the prosecutor

What is the difference between speedy trial and speedy

disposition of cases? RULE 116- ARRAIGNMENT AND PLEA
- the right to speedy trial may only be invoked in criminal What happens when the accused wants to plead guilty
prosecutions, for a lesser offense? What happens if the prosecutor
the right to speedy disposition of cases may be raised even consents but the offended party does not?
before quasi-judicial and administrative bodies involving He must meet all the requisites. Without the consent of
civil, criminal, and administrative cases and therefor the offended party, if he was convicted, his
provides a broader scope of protection. subsequent conviction of the crime charged would not
place him in double jeopardy.
Both the Right to Speedy Trial and Right to Speedy
Disposition of Cases seek to prevent delay in What are the requisites if the accused wants to plead
administration of justice. guilty for a lesser offense?
a. Consent of the offended party
What does it mean – the right of the accused to be b. Consent of the prosecutor
exempt from being compelled to be a witness against c. Plea to a lesser offense, which is necessary to the
himself? offense charged
d. Approval of the court must be obtained
When is there a violation of Speedy Disposition?
- The right is deemed violated only when the proceedings What happens when the accused pleads guilty to a
are attended by vexatious, capricious, and oppressive capital offense?
delays. But due regard must be given to the facts and When the accused pleads guilty to a capital offense, the
circumstances surrounding each case. It is consistent with court shall conduct a searching inquiry into the
delays and depends upon the circumstances. What the voluntariness and full comprehension of the consequences
Constitution prohibits are unreasonable, arbitrary and of his plea and require the prosecution to prove his guilt
oppressive delays which render rights nugatory. and the precise degree of culpability. The accused may
present evidence in his behalf.
When is there a violation of Speedy Trial?
- The right to a speedy trial is deemed violated ONLY when Two (2) instances where the court will enter the
the proceedings are attended by vexatious, capricious, and plea of not guilty for the case.
oppressive delays, or when unjustified postponements of 1. When the accused refuses to plead or makes a
the trial are asked for and secured, or when without cause conditional plea, a plea of not guilty shall be entered for
or justifiable motive, a long period of time is allowed to him.
elapse without the party having his case tried. 2. When the accused pleads guilty but presents
exculpatory evidence, his plea shall be deemed withdrawn
What are the requisites for the accused to be able to and a plea of not guilty shall be entered for him
plead guilty to a lesser offense?
1. During Arraignment
2. Plea of guilty is done with consent of offended party
AND the prosecutor
3. Lesser Offense is necessarily included in the offense
charged.

In a crime of Serious Physical Injuries, the accused

pleaded guilty to a lesser charge of LSPI. The prosecution RULE 117- MOTION TO QUASH
consented but the Offended Party objected. What will How many are the grounds to file for Motion to Quash? 9
happen? Grounds
- The crime will remain Serious Physical Injuries. The law Rule 117. Section 3. Grounds. — The accused may move to
requires that the plea to a lesser offense must be with the quash the complaint or information on any of the
following grounds: acquitted of the offense charged, or the case against him
(a) That the facts charged do not constitute an offense; was dismissed or otherwise terminated without his
(b) That the court trying the case has no jurisdiction over express consent.
the offense charged;
(c) That the court trying the case has no jurisdiction over Facts charged do not constitute an offense-
the person of the accused; It means that not all the essential requisites of the crime
(d) That the officer who filed the information had no has been alleged
authority to do so;
(e) That it does not conform substantially to the prescribed How many times can the accused file for Motion to
form; Quash?
(f) That more than one offense is charged except when a One only. Because if the motion to quash is denied, the
single punishment for various offenses is prescribed by case will proceed to trial. And then after the trial, the
law; decision can be assailed thru appeal
(g) That the criminal action or liability has been
extinguished; When is a Motion to Quash filed?
(h) That it contains averments which, if true, would - At any time before entering his plea, the accused may
constitute a legal excuse or justification; and move to quash the complaint or information.
(i) That the accused has been previously convicted or
Waiver (Rule 117) surprise, suppression, or alteration, may order the
- The failure of the accused to assert any ground of a prosecution to produce and permit the inspection and
motion to quash before he pleads to the complaint or copying or photographing of any written statement given
information, either because he did not file a motion to by the complainant and other witnesses in any
quash or failed to allege the same in the said motion, shall investigation of the offense conducted by the prosecution
be deemed a waiver of any objections except those based or other investigating officers
on the grounds provided in of Section 3.

PROVISIONAL DIMISSAL
A criminal case is provisionally dismissed when the
accused expressly consents and the offended party is
notified of such a dismissal

The express consent of the accused is required. What is

the reason for this rule?
Express consent of the accused will bar him from
subsequently asserting that the revival of the case will
place him in a double jeopardy.

Among the grounds for motion to quash is when there is

double jeopardy. When is there a double jeopardy?
When a person is charged with an offense and the case is
terminate either by conviction or acquittal, or in any RULE 118 - PRE TRIAL
other manner without the consent of the What is pre-trial?
accused, the latter cannot again be charge with the In all criminal cases cognizable by the Sandiganbayan, RTC,
same or identical offense METC, MTC, MCTC, the court shall after arraignment and
within 30 days from the date the court acquires
There is this called remedy for production and inspection jurisdiction over the person of the accused, unless a
of documents of plea. What is that? shorter period is provided for in special laws or circulars of
Upon motion of the accused showing good cause and with the Supreme Court, order a pre-trial conference to
notice to the parties, the court, in order to prevent consider the following:
(a) plea bargaining; court, in furtherance of justice, permits them to present
(b) stipulation of facts; additional evidence bearing upon the main issue.
(c) marking for identification of evidence of the parties; (d) Upon admission of the evidence of the parties, the
(d) waiver of objections to admissibility of evidence; case shall be deemed submitted for decision unless the
(e) modification of the order of trial if the accused admits court directs them to argue orally or to submit written
the charge but interposes a lawful defense; and memoranda.
(f) such other matters as will promote a fair and (e) When the accused admits the act or omission charged
expeditious trial of the criminal and civil aspects of the in the complaint or information but interposes a lawful
case. defense, the order of trial may be modified. (3a)

What is the difference between pre-trial order and pre- 6. What is the period for trial?
trial arrangement? 7. Even before the actual trial begins, can witness for
PRETRIAL AGREEMENT- All agreements or admissions prosecution already be taken?
made or entered DURING the pre-trial conference shall be 8. Application of examination of accused before trial
in writing and signed by the accused and counsel, or else,
it cannot be used against the accused. What is demurrer
The agreements referred to in section 1 shall be approved a motion to dismiss on the ground of insufficiency of
by the court evidence.

PRETRIAL ORDER- After the pre-trial conference, the court When is demurrer filed
shall issue an order reciting the actions, the facts, and A demurrer to evidence can only be filed AFTER the
evidences. This order will bind the parties, and limit the prosecution has rested its case. Under the rules, after the
trial to matters not disposed of, and lastly, control the prosecution rests its case, the court may dismiss the action
course of the action during the trial, unless it is modified on the ground of insufficiency of evidence UPON demurrer
by the court to prevent injustice. to evidence filed by the accused WITH or WITHOUT leave
of court.
Significance of pre trial order
- To promote a fair and expeditious trial of the criminal What will happen if the court refuse to dismiss upon
and civil aspects of the case. filing of demurrer to evidence
If the court denies the demurrer or motion to dismiss, the
Whatever schedule approved by the parties, yun ba yung accused may adduce evidence in his defense
masusunod?
NO. Trial should be held from Mondays-Thursday while,
Hearings on motions, arraignment and pre-trial and
promulgation of the decision shall be held in the morning SEC 15- Conditional Examination
of Fridays. - When a witness for prosecution satisfactorily appears
RULE 119- TRIAL that he is too sick to appear at the trial as directed by
Court or has to leave Philippines with no definite date of
What is trial? returning, he may be conditionally examined before the
court where it is pending.
Order of trial - Conducted in the same manner as examination in trial.
he trial shall proceed in the following order:
(a) The prosecution shall present evidence to prove the Who will take the testimony in conditional examination
charge and, in the proper case, the civil liability. Examination of defense’s witness : Taken before any judge,
(b) The accused may present evidence to prove his member of the bar in good standing designated by the
defense, and damages, if any, arising from the issuance of judge in the order, or before inferior court is order granted
a provisional remedy in the case. by superior court.
(c) The prosecution and the defense may, in that order, Examination of prosecution’s witness -Taken before court
present rebuttal and sur-rebuttal evidence unless the or judge only
 proper information.
*Failure or refusal of accused to attend examination after
trial = waiver.
*Statement may be admitted in behalf or against accused. RULE 120
What is Judgment?
SEC 17- State Witness -Adjudication by the court that the accused is guilty or not,
State Witness- one of two o more persons jointly charged and the imposition on him of the PROPER PENALTY and
with the commission of a crime but who is discharged with CIVIL LIABILITY.
his consent as such accused so that he may be a witness - must be written in official language, personally prepared
for the state. and signed by JUDGE, contain clearly and distinctly
STATEMENT OF FACTS and LAW which it is based.
Discharge of more than one accused: since there is no
prosecution witness could substantially corroborate the Official language for judgment- English as the official
testimony of a discharged witness, 2 are discharged to language and Filipino when necessary.
meet the requirement of substantial corroboration.
Variance as to judgment (Sec. 4, Rule 120)
How does an accused become a state witness When there is variance between OFFENSE CHARGED in
A. There is absolute necessity for the testimony of accused COMPLAINT or INFORMATION and that PROVED and the
whose discharge is requested offense as CHARGED is included, the ACCUSED shall be
B. No other direct evidence available for proper convicted of OFFENSE PROVED which is included in the
prosecution of offense committed except state witness OFFENSE CHARGED or OFFENSE CHARGED which is
testimony included in the OFFENSE PROVED.
C. SW testimony can be susbtantially corroborated in its
material points
D. SW does not appear to be most guilty
E. SW not at anytime convicted of any offense involving
moral turpitude
F. The offense in which his testimony will be used is a grave
felony as defined under the Revised Penal Code or its
equivalent under special laws

GR: Effects of discharge:

a. evidence adduced in support of the discharge shall
automatically form part of the trial
 if court denies discharge, the accused’s sworn statement
in support thereof shall be inadmissible in evidence.
b. discharge of accused operates as an acquittal and bar to
further prosecution for the same offense.

SEC19- Substitution of information

When mistake has been made in charging the proper
offense
- at any time before judgement, when a mistake has been
made i charging the proper offense and accused caannot
be convicted of the offesne charged or included therein,
accused shall not be discharged if there appears good
cause to detain him.
- In this case, court shall commit accused to answer the
proper offense and dismiss original case UPON filing of