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    3 Day Notice Rule

    Uploaded by

    Gian Paula Monghit
    The document discusses rules related to criminal procedure in the Philippines. It outlines that a judgment cannot be altered or modified after the period for finality of judgment. It also discusses the grounds and processes for motions for new trial if filed within 15 days, as well as motions for reconsideration. The standards for appeals and where to file appeals from different court levels are provided. It concludes by discussing the duties of judges in examining probable cause for warrants of arrest.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    3 Day Notice Rule

    Uploaded by

    Gian Paula Monghit
    25 views2 pages
    The document discusses rules related to criminal procedure in the Philippines. It outlines that a judgment cannot be altered or modified after the period for finality of judgment. It also discusses the grounds and processes for motions for new trial if filed within 15 days, as well as motions for reconsideration. The standards for appeals and where to file appeals from different court levels are provided. It concludes by discussing the duties of judges in examining probable cause for warrants of arrest.

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    criminal Procedure

    Original Title

    Crim pro

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    The document discusses rules related to criminal procedure in the Philippines. It outlines that a judgment cannot be altered or modified after the period for finality of judgment. It also discusses the grounds and processes for motions for new trial if filed within 15 days, as well as motions for reconsideration. The standards for appeals and where to file appeals from different court levels are provided. It concludes by discussing the duties of judges in examining probable cause for warrants of arrest.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    25 views2 pages

    3 Day Notice Rule

    Uploaded by

    Gian Paula Monghit
    The document discusses rules related to criminal procedure in the Philippines. It outlines that a judgment cannot be altered or modified after the period for finality of judgment. It also discusses the grounds and processes for motions for new trial if filed within 15 days, as well as motions for reconsideration. The standards for appeals and where to file appeals from different court levels are provided. It concludes by discussing the duties of judges in examining probable cause for warrants of arrest.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Criminal Procedure Oct.

    25, 2018

    “Immutability of Judgment”

    -During Finality of Judgment you cannot longer alter or modified.

    - Hernan vs. Sandiganbayan GR. 237721 July 31,2018

    -Art. 217 Malverstaion

    -applies unless favourable to the accused, then it may be disregarded.

    -Can be corrected within 15 days but after 15 days dili na.

    Rule 121

    -after 15 days the accused does not file motion to appeal

    A PARTY MAY MOVE FOR NEW TRIAL ON THE FOLLOWING GROUNDS:

    1. Errors of law or irregularities prejudicial to the substantial rights of the accused have been
    committed during the trial

    2. That new and material evidence has been discovered which the accused couldn’t with
    reasonable diligence have discovered and produced at the trial and which if introduced and
    admitted would probably change the judgment

    What is the standard of reasonable diligence- convince court you have reasonable ground

    Prove the time and good faith component. (Motion for new Trial)

     There will be proceedings


     If granted it will be favourable to the accused

    Motion for reconsideration

     WHAT ARE THE GROUNDS FOR RECONSIDERATION?


    Errors of law and fact in the judgment
     There will be no proceedings
     If the court finds if the motion Is a rehash your motion will necessary be denied,
    then it will be denied.

    Denied

     Appeal
     Pag walay remedy to appeal then review for certiorari

    3 day notice Rule

    Errors of law –start from the beginning

    Newly discovered Evidence- the evidence already adduced shall stand


    RULE 122 – APPEAL

    May a prosecution appeal on a judgment of acquittal-

    GR: “No more appeal” Exception: Errors of Jurisdiction

    WHERE DOES ONE FILE AN APPEAL?

    If the case was decided by the MTCs, the appeal should be made with the RTC

    If the case was decided by the RTCs, the appeal should be made with the CA or SC in proper cases
    provided by law

    If the case was decided by the CA, the appeal should be filed with the SC

     File to the court that rendered the Judgment


     Appeal a Privilege because you have to comply certain requirements
     Need to pay
     Serve notice of copy of appeal upon adverse party

    Judge duty bound personally examine if there is probable cause to issue warrant of arrest

    1.Exercise of original Jurisdiction- trial was conducted in the court and decision was rendered

    2 .Exercise of its appellate jurisdiction- dili na notice of appeal. Petition for review under

    Supreme Courts – Errors of law

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