RULE 115 - The crime will remain Serious Physical Injuries.

The
What is the difference between speedy trial and law requires that the plea to a lesser offense must be
speedy disposition of cases? with the consent of the offended party and the
- the right to speedy trial may only be invoked in prosecutor
criminal prosecutions,
the right to speedy disposition of cases may be raised RULE 116- ARRAIGNMENT AND PLEA
even before quasi-judicial and administrative bodies What happens when the accused wants to plead
involving civil, criminal, and administrative cases and guilty for a lesser offense? What happens if the
therefor provides a broader scope of protection. prosecutor consents but the offended party does
not?
Both the Right to Speedy Trial and Right to Speedy He must meet all the requisites. Without the consent
Disposition of Cases seek to prevent delay in of the offended party, if he was convicted, his
administration of justice. subsequent conviction of the crime charged would not
place him in double jeopardy.
What does it mean – the right of the accused to be
exempt from being compelled to be a witness What are the requisites if the accused wants to
against himself? plead guilty for a lesser offense?
a. Consent of the offended party
When is there a violation of Speedy Disposition? b. Consent of the prosecutor
- The right is deemed violated only when the c. Plea to a lesser offense, which is necessary to the
proceedings are attended by vexatious, capricious, offense charged
and oppressive delays. But due regard must be given d. Approval of the court must be obtained
to the facts and circumstances surrounding each
case. It is consistent with delays and depends upon What happens when the accused pleads guilty to
the circumstances. What the Constitution prohibits a capital offense?
are unreasonable, arbitrary and oppressive delays When the accused pleads guilty to a capital offense,
which render rights nugatory. the court shall conduct a searching inquiry into the
voluntariness and full comprehension of the
When is there a violation of Speedy Trial? consequences of his plea and require the prosecution
- The right to a speedy trial is deemed violated ONLY to prove his guilt and the precise degree of culpability.
when the proceedings are attended by vexatious, The accused may present evidence in his behalf.
capricious, and oppressive delays, or when
unjustified postponements of the trial are asked for Two (2) instances where the court will enter the
and secured, or when without cause or justifiable plea of not guilty for the case.
motive, a long period of time is allowed to elapse 1. When the accused refuses to plead or makes a
without the party having his case tried. conditional plea, a plea of not guilty shall be entered
for him.
What are the requisites for the accused to be able 2. When the accused pleads guilty but presents
to plead guilty to a lesser offense? exculpatory evidence, his plea shall be deemed
1. During Arraignment withdrawn and a plea of not guilty shall be entered for
2. Plea of guilty is done with consent of offended him
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 consented but the Offended
Party objected. What will happen?
RULE 117- MOTION TO QUASH (h) That it contains averments which, if true, would
How many are the grounds to file for Motion to constitute a legal excuse or justification; and
Quash? 9 Grounds (i) That the accused has been previously convicted or
Rule 117. Section 3. Grounds. — The accused may acquitted of the offense charged, or the case against
move to quash the complaint or information on any of him was dismissed or otherwise terminated without
the following grounds: his express consent.
(a) That the facts charged do not constitute an
offense; Facts charged do not constitute an offense-
(b) That the court trying the case has no jurisdiction It means that not all the essential requisites of the
over the offense charged; crime has been alleged
(c) That the court trying the case has no jurisdiction
over the person of the accused; How many times can the accused file for Motion
(d) That the officer who filed the information had no to Quash?
authority to do so; One only. Because if the motion to quash is denied,
(e) That it does not conform substantially to the the case will proceed to trial. And then after the trial,
prescribed form; the decision can be assailed thru appeal
(f) That more than one offense is charged except
when a single punishment for various offenses is When is a Motion to Quash filed?
prescribed by law; - At any time before entering his plea, the accused
(g) That the criminal action or liability has been may move to quash the complaint or information.
extinguished;
Waiver (Rule 117)
- The failure of the accused to assert any ground of a There is this called remedy for production and
motion to quash before he pleads to the complaint or inspection of documents of plea. What is that?
information, either because he did not file a motion to Upon motion of the accused showing good cause
quash or failed to allege the same in the said motion, and with notice to the parties, the court, in order to
shall be deemed a waiver of any objections except prevent surprise, suppression, or alteration, may
those based on the grounds provided in of Section 3. order the prosecution to produce and permit the
inspection and copying or photographing of any
PROVISIONAL DIMISSAL written statement given by the complainant and other
A criminal case is provisionally dismissed when the witnesses in any investigation of the offense
accused expressly consents and the offended party conducted by the prosecution or other investigating
is notified of such a dismissal officers

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 other manner without the
consent of the
accused, the latter cannot again be charge
with the same or identical offense
RULE 118 - PRE TRIAL RULE 119- TRIAL
What is pre-trial?
In all criminal cases cognizable by the What is trial?
Sandiganbayan, RTC, METC, MTC, MCTC, the
court shall after arraignment and within 30 days from Order of trial
the date the court acquires jurisdiction over the he trial shall proceed in the following order:
person of the accused, unless a shorter period is (a) The prosecution shall present evidence to prove
provided for in special laws or circulars of the the charge and, in the proper case, the civil liability.
Supreme Court, order a pre-trial conference to (b) The accused may present evidence to prove his
consider the following: defense, and damages, if any, arising from the
(a) plea bargaining; issuance of a provisional remedy in the case.
(b) stipulation of facts; (c) The prosecution and the defense may, in that
(c) marking for identification of evidence of the order, present rebuttal and sur-rebuttal evidence
parties; unless the court, in furtherance of justice, permits
(d) waiver of objections to admissibility of evidence; them to present additional evidence bearing upon the
(e) modification of the order of trial if the accused main issue.
admits the charge but interposes a lawful defense; (d) Upon admission of the evidence of the parties, the
and case shall be deemed submitted for decision unless
(f) such other matters as will promote a fair and the court directs them to argue orally or to submit
expeditious trial of the criminal and civil aspects of written memoranda.
the case. (e) When the accused admits the act or omission
charged in the complaint or information but
What is the difference between pre-trial order and interposes a lawful defense, the order of trial may be
pre-trial arrangement? modified. (3a)
PRETRIAL AGREEMENT- All agreements or
admissions made or entered DURING the pre-trial 6. What is the period for trial?
conference shall be in writing and signed by the 7. Even before the actual trial begins, can witness for
accused and counsel, or else, it cannot be used prosecution already be taken?
against the accused. 8. Application of examination of accused before trial
The agreements referred to in section 1 shall be
approved by the court What is demurrer
a motion to dismiss on the ground of insufficiency of
PRETRIAL ORDER- After the pre-trial conference, the evidence.
court shall issue an order reciting the actions, the
facts, and evidences. This order will bind the parties, When is demurrer filed
and limit the trial to matters not disposed of, and A demurrer to evidence can only be filed AFTER the
lastly, control the course of the action during the trial, prosecution has rested its case. Under the rules, after
unless it is modified by the court to prevent injustice. the prosecution rests its case, the court may dismiss
the action on the ground of insufficiency of evidence
Significance of pre trial order UPON demurrer to evidence filed by the accused
- To promote a fair and expeditious trial of the WITH or WITHOUT leave of court.
criminal and civil aspects of the case.
What will happen if the court refuse to dismiss
Whatever schedule approved by the parties, yun upon filing of demurrer to evidence
ba yung masusunod? If the court denies the demurrer or motion to
NO. Trial should be held from Mondays-Thursday dismiss, the accused may adduce evidence in his
while, Hearings on motions, arraignment and pre-trial defense
and promulgation of the decision shall be held in the
morning of Fridays.
 Code or its equivalent under special laws
SEC 15- Conditional Examination
- When a witness for prosecution satisfactorily GR: Effects of discharge:
appears that he is too sick to appear at the trial as a. evidence adduced in support of the discharge shall
directed by Court or has to leave Philippines with no automatically form part of the trial
definite date of returning, he may be conditionally if court denies discharge, the accused’s sworn
examined before the court where it is pending. statement in support thereof shall be inadmissible in
- Conducted in the same manner as examination in evidence.
trial. b. discharge of accused operates as an acquittal and
bar to further prosecution for the same offense.
Who will take the testimony in conditional
examination SEC19- Substitution of information
Examination of defense’s witness : Taken before any When mistake has been made in charging the proper
judge, member of the bar in good standing offense
designated by the judge in the order, or before inferior - at any time before judgement, when a mistake has
court is order granted by superior court. been made i charging the proper offense and
Examination of prosecution’s witness -Taken before accused caannot be convicted of the offesne charged
court or judge only or included therein, accused shall not be discharged
if there appears good cause to detain him.
*Failure or refusal of accused to attend examination - In this case, court shall commit accused to answer
after trial = waiver. the proper offense and dismiss original case UPON
*Statement may be admitted in behalf or against filing of proper information.
accused.

SEC 17- State Witness RULE 120

State Witness- one of two o more persons jointly What is Judgment?
charged with the commission of a crime but who is -Adjudication by the court that the accused is guilty
discharged with his consent as such accused so that or not, and the imposition on him of the PROPER
he may be a witness for the state. PENALTY and CIVIL LIABILITY.
- must be written in official language, personally
Discharge of more than one accused: since there is prepared and signed by JUDGE, contain clearly and
no prosecution witness could substantially distinctly STATEMENT OF FACTS and LAW which it
corroborate the testimony of a discharged witness, 2 is based.
are discharged to meet the requirement of substantial
corroboration. Official language for judgment- English as the
official language and Filipino when necessary.
How does an accused become a state witness
A. There is absolute necessity for the testimony of Variance as to judgment (Sec. 4, Rule 120)
accused whose discharge is requested When there is variance between OFFENSE
B. No other direct evidence available for proper CHARGED in COMPLAINT or INFORMATION and
prosecution of offense committed except state that PROVED and the offense as CHARGED is
witness testimony included, the ACCUSED shall be convicted of
C. SW testimony can be susbtantially corroborated in OFFENSE PROVED which is included in the
its material points OFFENSE CHARGED or OFFENSE CHARGED which
D. SW does not appear to be most guilty is included in the OFFENSE PROVED.
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