RULE 118-120 Documents to be attached - If original not

available, what should be warranted?

What cases are referred to under JDR? That they are faithful reproduction of the
original
Is pre-trial mandatory?
YES. Anything agreed upon in the pre-trial Effect of failure to comply with JAR?
will govern the proceedings in the case. So not considered
if you did not raise an issue during pre-
trial, it cannot be raised as an issue lat- But can you correct your mistake? How many
er on. times?
Yes. Once only.
PROCEDURE:
Filing of information Is there a fine or penalty?
Set for arraignment (notice of arraignment P1,000 - P5,000
with pre-trial)
Simultaneous with arraignment is the pre- Does it apply to criminal cases?
trial Yes
Mediation
JDR Is there limitation?
Pre-Trial Yes.
a. cases where imposable penalty is not ex-
Do you need to file a pre-trial brief be- ceeding 6 years
fore the conduct of the trial? b. with consent of the accused (exceeds 6
No. In civil cases it is required. years)
c. as to civil aspect
What is the consequence if there is no ap-
pearance during the pre-trial? Under the Rules on Continuous Trial, it
Court may impose sanctions as to counsels. provides that they will use the counter af-
Accused not required to be present. fidavits. Is there a mention for the need
of the consent of the accused if they will
In civil cases Rule 18 Sec 5 and Sec 6 submit JA?
Sec 5: The failure of the plaintiff to ap- None
pear when so required pursuant to the next
preceding section shall be cause for dis- However, there are instances when there are
missal of the action. The dismissal shall no counter affidavits. So did the Rules on
be with prejudice, unless otherwise ordered Continuous Trial repealed JAR?
by the court. A similar failure on the part No. What is provided vis-a-vis the 2 rules
of the defendant shall be cause to allow is that you may use counter affidavits, but
the plaintiff to present his evidence ex in the absence of such, use JA provided
parte and the court to render judgment on that if it is more than 6 years then obtain
the basis thereof consent of the accused
Sec 6: Failure to file the pre-trial brief
shall have the same effect as failure to Service of JA how done?
appear at the pre-trial. personal service or licensed courier ser-
vice (NOT registered mail)
Is this also applicable in criminal cases? Lalamove NOT a licensed courier
No! Violation of the right of the accused
JA is in lieu of direct examinations, why?
Under the judicial affidavit rule (JAR), bacause sometimes witnesses no longer want
when should it be filed? to testify
5 days before pre-trial. You must submit
already ALL the judicial affidavits of your What is plea bargaining?
witnesses. Plea to a lesser offense necessarily in-
cluded in the offense charged with the con-
What should be contained in the JA? sent of prosecution and offended party and
1. name of the witness with approval of court.
2. address
3. lawyer conducting Pre-Trial Agreement vs Pre-Trial Order
4. circumstances showing how he gathered there is no pre-trial agreement in civil
the answer of the witness cases only in criminal.
5. lawyer’s attestation: that he examined
under oath and did not coach the witness Who should sign the pre-trial agreement?
Accused
 c. child witness
Plea bargaining under drug cases. Explain. Example: why are you testifying? if you
know, where is Mr. X? you mentioned checks,
Case of Zaldivar. when was it issued? what happened next, if
any? apart from your testimony, what other
Under JAR, all statements of witnesses must evidence do you have, if any to prove that
be already submitted, otherwise deemed the check you mentioned was dishonored? if
waived. Entire case should be prepared be- shown a copy of this document, will you be
fore pre-trial. Because sometimes people able to identify it? can you go over it and
file baseless case, then during trial they tell us what is the relation of this docu-
will ask for reset because they will still ment with thr document you earlier men-
look for witnesses. tioned, if any? there appears to be a sig-
nature here, can you go over it and tell us
Importance of PRE-TRIAL if you know whose signature this is? (as to
1. Plea bargaining accused’s signature: Q: there appears to be
2. Stipulation of facts a signature here, can you go over it and
 when you go to trial you can’t tell us if you know whose signature this
speculate or assume facts is? A: signature of defendant. Q: How did
 everything must be proven (juris- you know? A: because I saw hm sign). Your
diction of court, venue, etc) Honor may we have this contract of loan be
 example: rape victim and there’s a marked as our Exhibit A, signature as Ex-
medico legal report, you cannot hibit A-1.
just submit it, someone has to
testify on the documentary evi- If JA: do you recall that you executed a
dence (kasi paano if ginawa sa judicial affidavit in connection with this
Recto. someone has to say that it case, if any? YES. if shown a copy, will
is the document he executed) you be able to identify it. Do you affirm
 identity of accused must be proved and confirm the contents? Yes.
 parties can agree on the facts al-
ready. example: Juan Dela Cruz 2. Misleading: assumes as true a fact
mentioned is the accused. not yet testified to by the witnesses
 it may establish the elements of
the crime already Instances when there will be reversed order
 judicial admissions: made in the of trial?
proceedings of the court, cannot accused pleads guilty. BUT subject to the
be denied, does not require proof, discretion of the court
no need to present evidence kaya
bibilis ang proceedings Prohibited motions? Rule on Continuous Tri-
al
 the facts agreed are no longer in
dispute
Court must rule on the case within what?
 what if did not speak? only made
Based on Constitution
body language? then say “may we
RTC: 180 days. is it mandatory? YES.
state of record that counsel is
noding” etc.
Periods to be excluded in the counting of
3. Marking for identification of evidence
period for trial?
4. Waiver of objections
5. Modification of trial
Duties of PAO?
6. Others that will expediate proceedings
Public attorney must give notice to the
person having custody of prisoner to inform
prisoner that he has a right to demand tri-
What happens in Direct Examination?
al.
- identify and authenticate the stipulated
Seek to obtain the presence of the accused
facts
- example: rape victim present in court the
Is right to speedy trial waivable? Yes
statement made by her
- Rule 132 Sec 10:
What acts are subjecto to sanction?
1. Leading question: question that sug-
1. Knowingly allows
gests to the witness the answer. It is not
allowed except generally answerable by Yes
Case of Ampatuan vs.
or No. you cannot ask something that has no
basis. Info came from witness.
Child Witness Rule - who determines the
a. cross examination
competency?
b. preliminary matters
Court. Throughout the proceedings. depositions to be made?
No. because they are merely for the purpos-
Can other parties ask questions to deter- es of corroborating the testimonies
mine competency of the child?
Yes. voir dire questions People vs. Mamario

Facilitator vs. Support Person vs. Guardian State witness under DOJ vs. State witness
ad litem under ROC. Requisites? Effects?
pose questions -- emotional support -- best
interests of the child

Testimonial aid vs. Emotionalsecurity item

anatomically correct dolls to help him in
demonstrating -- blanket, toys, dolls

Can public be excuded from the testimony of

the child witness?
Yes.
Exceptions that the state witness not ac-
Child witness can be protected from seeing quitted?
the accused through what? 1. refuses to testify
1. One way mirrors, screens, 2.
2. Live link 3.
3.
Case Maquiran v. Grageda
Live link how made?
1. upon motion Case Estrada vs. People
2. judge has to
3. judge has to grant Differences between examination of witness
for prosec vs. for defense under Rule 119
What is the rape shield rule? Sec 12 and Sec 13?

Can child testify on hearsay matters?

Yes.

Can child witness give narration?

Yes

Can be asked leading questions?

Yes

What is DNA Evidence. People vs Sunga

Deoxyribonucleic acid
People vs. Chaves
What is a biological sample?
How may you secure attendance of witnesses?
DNA Evidence only by court order? May ask the court that they post bail
No.
Consolidation of cases is it mandatory?
Case of Pacoy vs Cajigal Discretionary.

Case of Mangerra vs. Risos Basis of the consolidation of cases?

What happens during post conviction DNA Go vs People

Testing.
File Habeas Corpus. Cabarles v. Maceda

3 Requisites Mistake in charging the offense, what hap-

1. biological sample pens?
2. sample exists
3. may modify judgement Is there a violation of jeopardy?
No.
People vs. Webb. Did the court allow the
Instance when public may be excluded from can he render the judgment of the case he
the trial? heard?
Offensive to decency or public morals. as Yes. Same RTC of Makati. Case of
to child witness.
What is Probation?
Instances when case may be reopened? Special privilege granted by the State to a
Rule 119. SECTION 24. Reopening . — At any penitent qualified offender.
time before finality of the judgment of
conviction, the judge may, motu proprio or What are the requisites?
upon motion, with hearing in either case, 1. maximum penalty must be less than 6
reopen the proceedings to avoid a miscar- years and not convicted of subversion or a
riage of justice. The proceedings shall be crime against national security and public
terminated within thirty (30) days from the order
order granting it. 2. filed within the period of perfecting an
appeal
In filing demurrer to evidence it can be 3. accused must waive his right for an ap-
done with or without leave of court. peal

Motion for leave to file demurrer to evi- What if RTC decision: accused is a princi-
dence pal, punishment is RP. On appeal to CA: on-
ly accessory, punishment is only PC. Can
Judgment vs. Interlocutory order you apply for probation, noting that you
already appealed to CA?
Can there be oral decision? Yes. because at the time of RTC decision,
No he is not yet entitled to probation.

Parts of decision: If plea of guilty to a non-capital offense,

Fallo or dispositive portion: should accused always be present?
Ratio decidendi: reason behind the rule No. light offense only.

In case of variance, which one prevails? What if accused is absent during promulga-
Dispositive portion because it contains the tion?
ruling waiving his right to appeal

Instances when ratio decidendi prevails? Promulgation in absentia. What happens? Do

Case of they read the decision?
Recorded in the criminal docket. then give
notice. If accused want to avail of post
judgment remedies, he cannot automatically
file an appeal. He must first file a motion
for leave to avail of the remedies and al-
lege in the motion the justifiable reasons.
RTC Judge who heard the case already re-
tired. Can he still promulgate the judge- What if court denies it? can he file an ap-
ment? peal or bail?
No. because he is no longer a judge author- No.
ized to render decision
What if court grants the motion, how many
RTC Judge who heard the case already ap- days to file an appeal?
pointed at the Court of Appeals. Can he 15 days from the receipt of the decision of
still promulgate? the court granting the motion
No. because he has no jurisdiction in the
RTC Makati If present during promulgation, period of
filing?
RTC Makati Judge who heard the case al- 15 days from promulgation
ready assigned at RTC Pasig. can he render
the decision? Is it required that before you file an ap-
No. He loses jurisdiction peal there must be a MR first?
No.
RTC Makati Branch 1 Judge retired. Branch 2
Judge bacame the acting judge and heard a If after promulgation, you filed a notice
case. Thereafter a new judge was appointed of appeal, where do you apply for bail af-
in Branch 1. When he returned to Branch 2, ter perfecting an appeal?
court where the records are. tion or TRO

Determine if Interlocutory or Judgment: MR indispensable before availing certiorari

1. MTQ based on failure of the info to EXCEPT: immediately executory orders
state an offense is denied? Interlocutory

2. MTQ based on Prescription is granted?

Judgment

3. Motion for leave to file a demurrer to

evidence is denied? Interlocutory

4. Demurrer to evidence is granted? Judg-

ment

5. MTQ ground of duplicituous offense is

granted? Judgment

Is this a judgment with prejudice? NO.

6. Motion for leave to file demurrer to ev-

idence is denied? Interlocutory.

Remedy?
cant avail immediately of certiorari. 2
remedies: a) file without leave or b) pre-
sent evidence.

7. Motion to quash on the ground of jeop-

ardy is granted? Judgment

Can you file MR to assail that? or Appeal?

No, violates rule on double jeopardy

Remedy? by certiorari provided there is

grave abuse of discretion

Can you appeal interlocutory orders?

NO.

What is the remedy to assail?

by certiorari provided there is no other
PLAIN, SPEEDY, ADEQUATE remedies

Remedy for Judgment?

by Appeal

What if you filed a motion for leave to

file a demurrer to evidence. It was denied.
Then you filed certiorari. Is the mere fact
of filing a certiorari already suspends the
proceedings?
NO. you must file certiorari with prayer
for issuance of injunction or TRO

Example DNA Testing. There was a DNA Test-

ing Order. Judgment or Interlocutory?
Interlocutory

So you filed certiorari. Will that suspend

the proceedings?
NO. Upon filing certiorari, include in
prayer with prayer for issuance of injunc-