MANTO, KYLA M. 3C2 Thank you Sir, the following are the summary of what I've learned under Rule 119 Trial: Trial is the examination, this is the termination of the truth in order to resolve the issue in a particular case. After a plea of not guilty is entered, the accused shall have at least 15 days to prepare for trial and the trial shall commence within 30 days from receipt of pre-trial order (Sec. 1, Rule 119). Hearing is not confined to trial, but embraces several stages of litigation including the pre-trial stage. Hearing is more broad in scope. Hearing can pertain to trial and also the pre-trial stage. Procedure of trial: The trial once commenced, shall continue from day to day as far as practicable until terminated. However, it may be postponed for a reasonable period of time for good cause. Purpose of the continuous trial system: Expedite tile decision or resolution of cases in the trial courts. SC Circular No. 1-89 which requires the judges to conduct trial with utmost dispatch meaning the several delays without justifiable costs is not allowed because we follow the continuous trial system in our trial courts. Order of trial in criminal cases: 1. In criminal cases, the prosecution shall present evidence to prove the charge and in the proper case, the civil liability. 2. The accused may present evidence to prove his defense and damages if any arising from the issuance of a provisional remedy in the case. 3. After the prosecution and the defense presented their evidence then they can present rebutall and sur-rebuttal evidence. 4. The case is deemed submitted for judgment. Rebuttal and sur-rebutall evidence- Are evidence which will controvert the evidence presented by the prosecution and the defense at the first instance. Right and opportunity to adduce additional evidence: The judge is not satisfied with the evidence adduced in criminal cases, he may, on his motion, call a witnesses or recall some of the same witnesses for the purpose of satisfying his mind with the reference to particular facts involved in the case. Case deemed submitted for decision - upon admission of the evidence in chief rebuttal and sur-rebuttal proof as the case may be, the case is submitted for decision or judgement. Instances when the presence of the accused required by law: 1. Upon arraigment and in entering plea. 2. During trial when his presence is necessary for the purpose of identification. 3. Upon promulgation of judgment except for light offenses. 4. When the court with due notice requires so. Time limit for the trial of criminal cases: Trial shall not exceed 180 days from the first day of trial except those cases governed by the rules on summary procedure, those penalty prescribe by law does not exceed 6 months imprisonment or a fine of PHP 1,000 or both and those authorized by the Chief Justice of the SC pursuant to the Speedy Trial Act to exceed to 180 days. Effect of court's failure to comply with the mandates of the Speedy Trial Act: If the judge does not comply with the period of time within which the case is to be terminated then he can be charged administratively or may be find suspended or removed unless with justifiable reason. Cases where the time limitation is inapplicable: 1. When the offended party is about to depart with no definite date of return 2. Child abuse cases 3. Violations of Dangerous Drugs Law 4. Kidnapping, robbery by a band, robbery against banking or financial institutions, violations of Carnapping Act and other heinous crimes Factors to be considered for granting continuance: Continuance - means postponement Whether or not: 1. 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 Prohibited grounds for a continuance or postponement of hearing: 1. Congestion of the court's calendar or due to lack of diligent preparation. 2. Failure to obtain available witnesses on the part of the prosecutor. Time limit following an order for new trial: If the accused is to be tried again pursuant to an order for a new trial, the trial shall commence within 30 days from notice of the order except if the 30 day period becomes impractical. Duties of the public attorney when the accused is imprisoned: Shall promptly undertake to obtain the presence of the prisoner for trial and the upon receipt of that notice, the custodian of that prisoner shall promptly advise the prisoner of tge church and is try to demand trial. Conduct of trial for several accused: When there are two or more persons who are jointly charged with an offense they shall be tried jointly except when the court, upon motion of tge prosecutor or any of may order a seperate trial. Trial in Absentia: Trial in absentia under the constitution provides the trial may proceed not withstanding the absence of accused provided that he has been duly notified and his failure to appear is unjustifiable. Requisites in trial in absentia: 1. The accused has been arraigned - most important requisite in trial in absentia. There can be no trial in absentia if the accused had not been arraigned; 2. He has been notified of the trial; 3. His failure to appear is unjustified. Effects of trial in absentia: If the accused unjustifiably refused to appear in court hearings after arraignment then that failure to appear or refusal to appear will have the effect of waiving the right to present evidence and to conduct cross examination against witnesses presented against him. Period for the application for discharge of the state witness: It should be made upon motion of the prosecution before resting its case. Demurrer to Evidence: In the nature of a motion to dismiss except that the ground for the demurrer of evidence is that the evidence presented by the prosecution is insufficient whether it is lacking. It is an objection on the part of the accused to the effect that evidence presented by the prosecution is insufficient in point of law whether true or not to make out a case or sustain the issue. Rule on demurrer to evidence: A demurrer to evidence can be done by the court on its on initiative or upon the accused upon filing of a motion for leave of court or without leave of court. It is filed after the prosecution has rested its case. The ground is insufficiency of evidence. If the court will rely or sustain a demurrer of evidence it will have to dismiss the case. Purpose of leave of court: Determine whether or not the defendant in a criminal case has filed the demurrer merely to stall the proceedings. Demurrer to evidence v. Motion to dismiss - Demurrer to evidence assumes that the prosecution has already rested its case. - Motion to dismiss, it is based on the denial of the accused righteous to the speedy trial characterized by unreasonable vexatious and opressive delay. - Demurrer to evidence can be filed with or without leave of court - Motion to dismiss is filed without leave of court and before the prosecution has rested its case.
SUBIJANO, ARLENE V. 3C3 In this lesson, I've learned that in Rule 119 Trial: Trial - is the examination, this is the termination of the truth in order to resolve the issue in a particular case. - After a plea of not guilty is entered, the accused shall have at least 15 days to prepare for trial and the trial shall commence within 30 days from receipt of pre-trial order. - Hearing is more broad in scope. Hearing can pertain to trial and also the pre-trial stage. Procedure of Trial - the trial once commenced, shall continue from day to day as far as practicable until terminated. However, it may be postponed for a reasonable period of time for good cause. Order of trial in criminal cases - In criminal cases, the prosecution shall present evidence to prove the charge and in the proper case, the civil liability. - The accused may present evidence to prove his defense and damages if any arising from the issuance of a provisional remedy in the case. - After the prosecution and the defense presented their evidence then they can present rebuttal and sur-rebuttal evidence. - The case is deemed submitted for judgment. Rebuttal and sur-rebuttal evidence - these are evidence which will controvert the evidence presented by the prosecution and the defense at the first instance. Right and opportunity to adduce additional evidence - if the judge is not satisfied with the evidence adduced in criminal cases, he may, on his motion, call a witnesses or recall some of the same witnesses for the purpose of satisfying his mind with the reference to particular facts involved in the case. Case deemed submitted for decision - upon admission of the evidence in chief rebuttal and sur-rebuttal proof as the case may be, the case is submitted for decision or judgement. Instances when the presence of the accused required by law - Upon arraignment and in entering plea. - During trial when his presence is necessary for the purpose of identification. - Upon promulgation of judgment except for light offenses. - When the court with due notice requires so. Time limit for the trial of criminal cases - Trial shall not exceed 180 days from the first day of trial except those cases governed by the rules on summary procedure, those penalty prescribe by law does not exceed 6 months imprisonment or a fine of PHP 1,000 or both and those authorized by the Chief Justice of the SC pursuant to the Speedy Trial Act to exceed to 180 days. Effect of court's failure to comply with the mandates of the Speedy Trial Act - if the judge does not comply with the period of time within which the case is to be terminated then he can be charged administratively or may be find suspended or removed unless with justifiable reason. Cases where the time limitation is inapplicable - When the offended party is about to depart with no definite date of return - Child abuse cases - Violations of Dangerous Drugs Law - Kidnapping, robbery by a band, robbery against banking or financial institutions, violations of Carnapping Act and other heinous crimes Factors to be considered for granting continuance: - The failure to grant continuance would make a continuation of the proceeding impossible or result in a miscarriage of justice - The case as a whole is novel, unusual and complex Prohibited grounds for a continuance or postponement of hearing - Congestion of the court's calendar or due to lack of diligent preparation. - Failure to obtain available witnesses on the part of the prosecutor. Time limit for new trial - if the accused is to be tried again pursuant to an order for a new trial, the trial shall commence within 30 days from notice of the order except if the 30 day period becomes impractical. Duties of the public attorney when the accused is imprisoned - he shall promptly undertake to obtain the presence of the prisoner for trial and the upon receipt of that notice, the custodian of that prisoner shall promptly advise the prisoner of tge church and is try to demand trial. Conduct of trial for several accused - when there are two or more persons who are jointly charged with an offense they shall be tried jointly except when the court, upon motion of tge prosecutor or any of may order a separate trial. Trial in Absentia - Trial in absentia under the constitution provides the trial may proceed not withstanding the absence of accused provided that he has been duly notified and his failure to appear is unjustifiable. Requisites in trial in absentia - The accused has been arraigned - most important requisite in trial in absentia. There can be no trial in absentia if the accused had not been arraigned. - He has been notified of the trial. - His failure to appear is unjustified. Effects of trial in absentia - if the accused unjustifiably refused to appear in court hearings after arraignment then that failure to appear or refusal to appear will have the effect of waiving the right to present evidence and to conduct cross examination against witnesses presented against him. Demurrer to Evidence - also in the nature of a motion to dismiss except that the ground for the demurrer of evidence is that the evidence presented by the prosecution is insufficient whether it is lacking. - it is an objection on the part of the accused to the effect that evidence presented by the prosecution is insufficient in point of law whether true or not to make out a case or sustain the issue. Rule on demurrer to evidence - A demurrer to evidence can be done by the court on its on initiative or upon the accused upon filing of a motion for leave of court or without leave of court. It is filed after the prosecution has rested its case. The ground is insufficiency of evidence. If the court will rely or sustain a demurrer of evidence it will have to dismiss the case. Purpose of leave of court - to determine whether or not the defendant in a criminal case has filed the demurrer merely to stall the proceedings. Demurrer to evidence vs. Motion to dismiss - demurrer to evidence assumes that the prosecution has already rested its case. While motion to dismiss is a based on the denial of the accused righteous to the speedy trial characterized by unreasonable vexatious and oppressive delay. - demurrer to evidence can be filed with or without leave of court while a motion to dismiss is filed without leave of court and before the prosecution has rested its case.
TULAWE RICO O. BSCRIM-3C1 GOOD DAY, ATTY! Thank you for this lecture series. This is the summary of what ive learned during viewing of this particular series. RULE 119- TRIAL TRIAL -is the examination, this is the termination of the truth in order to resolve the issue in a particular case. After a plea of not guilty is entered, the accused shall have at least 15 days to prepare for trial and the trial shall commence within 30 days from receipt of pre-trial order (Sec. 1, Rule 119). Hearing is not confined to trial, but embraces several stages of litigation including the pre-trial stage. Hearing is broader in scope. Hearing can pertain to trial and also the pre-trial stage. PROCEDURE OF TRIAL: The trial once commenced, shall continue from day to day as far as practicable until terminated. However, it may be postponed for a reasonable period of time for good cause. Purpose of the continuous trial system: Expedite tile decision or resolution of cases in the trial courts. SC Circular No. 1-89 which requires the judges to conduct trial with utmost dispatch meaning the several delays without justifiable costs is not allowed because we follow the continuous trial system in our trial courts. ORDER OF TRIAL IN CRIMINAL CASES: 1. In criminal cases, the prosecution shall present evidence to prove the charge and in the proper case, the civil liability. 2. The accused may present evidence to prove his defense and damages if any arising from the issuance of a provisional remedy in the case. 3. After the prosecution and the defense presented their evidence then they can present rebutall and sur-rebuttal evidence. (OPTIONAL) 4. The case is deemed submitted for judgment. REBUTTAL AND SUR-REBUTALL EVIDENCE- Are evidence which will controvert the evidence presented by the prosecution and the defense at the first instance. RIGHT AND OPPORTUNITY TO ADDUCE ADDITIONAL EVIDENCE: The judge is not satisfied with the evidence adduced in criminal cases, he may, on his motion, call a witnesses or recall some of the same witnesses for the purpose of satisfying his mind with the reference to particular facts involved in the case. Case deemed submitted for decision - upon admission of the evidence in chief rebuttal and sur-rebuttal proof as the case may be, the case is submitted for decision or judgement. INSTANCES WHEN THE PRESENCE OF THE ACCUSED REQUIRED BY LAW: 1. Upon arraigment and in entering plea. 2. During trial when his presence is necessary for the purpose of identification. 3. Upon promulgation of judgment except for light offenses. 4. When the court with due notice requires so. TIME LIMIT FOR THE TRIAL OF CRIMINAL CASES: Trial shall not exceed 180 days from the first day of trial except those cases governed by the rules on summary procedure, those penalty prescribe by law does not exceed 6 months imprisonment or a fine of PHP 1,000 or both and those authorized by the Chief Justice of the SC pursuant to the Speedy Trial Act to exceed to 180 days. EFFECT OF COURT'S FAILURE TO COMPLY WITH THE MANDATES OF THE SPEEDY TRIAL ACT: If the judge does not comply with the period of time within which the case is to be terminated then he can be charged administratively or may be find suspended or removed unless with justifiable reason. CASES WHERE THE TIME LIMITATION IS INAPPLICABLE: 1. When the offended party is about to depart with no definite date of return 2. Child abuse cases 3. Violations of Dangerous Drugs Law 4. Kidnapping, robbery by a band, robbery against banking or financial institutions, violations of Carnapping Act and other heinous crimes FACTORS TO BE CONSIDERED FOR GRANTING CONTINUANCE: CONTINUANCE - means postponement Whether or not: 1. 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 PROHIBITED GROUNDS FOR A CONTINUANCE OR POSTPONEMENT OF HEARING: 1. Congestion of the court's calendar or due to lack of diligent preparation. 2. Failure to obtain available witnesses on the part of the prosecutor. TIME LIMIT FOLLOWING AN ORDER FOR NEW TRIAL: If the accused is to be tried again pursuant to an order for a new trial, the trial shall commence within 30 days from notice of the order, except if the 30 day period becomes impractical. DUTIES OF THE PUBLIC ATTORNEY WHEN THE ACCUSED IS IMPRISONED: Shall promptly undertake to obtain the presence of the prisoner for trial and the upon receipt of that notice, the custodian of that prisoner shall promptly advise the prisoner of tge church and is try to demand trial. CONDUCT OF TRIAL FOR SEVERAL ACCUSED: GR; When there are two or more persons who are jointly charged with an offense they shall be tried jointly XPN; when the court, upon motion of the prosecutor or any of may order a seperate trial. Trial in Absentia: TRIAL IN ABSENTIA- under the constitution provides the trial may proceed notwithstanding the absence of accused provided that he has been duly notified and his failure to appear is unjustifiable. REQUISITES IN TRIAL IN ABSENTIA: 1. The accused has been arraigned - most important requisite in trial in absentia. There can be no trial in absentia if the accused had not been arraigned; 2. He has been notified of the trial; 3. His failure to appear is unjustified. EFFECTS OF TRIAL IN ABSENTIA: If the accused unjustifiably refused to appear in court hearings after arraignment then that failure to appear or refusal to appear will have the effect of waiving the right to present evidence and to conduct cross examination against witnesses presented against him. STATE WITNESS- is one of two or more person jointly charged with the commission of crime who is discharged with his consent as such accused so that he may be a witness for the state. REQUISITES FOR AN ACCUSED TO BECOME A STATE WITNESS 1. Absolute necessity 2. No other direct evidence available 3. Substantially corroborated 4. Not appear to be the most guilty 5. Moral turpitude PERIOD FOR THE APPLICATION FOR DISCHARGE OF THE STATE WITNESS: It should be made upon motion of the prosecution before resting its case. DEMURRER TO EVIDENCE In the nature of a motion to dismiss except that the ground for the demurrer of evidence is that the evidence presented by the prosecution is insufficient whether it is lacking. It is an objection on the part of the accused to the effect that evidence presented by the prosecution is insufficient in point of law whether true or not to make out a case or sustain the issue. RULE ON DEMURRER TO EVIDENCE A demurrer to evidence can be done by the court on its on initiative or upon the accused upon filing of a motion for leave of court or without leave of court. It is filed after the prosecution has rested its case. THE GROUND IS INSUFFICIENCY OF EVIDENCE If the court will rely or sustain a demurrer of evidence it will have to dismiss the case. PURPOSE OF LEAVE OF COURT Determine whether or not the defendant in a criminal case has filed the demurrer merely to stall the proceedings. DEMURRER TO EVIDENCE V. MOTION TO DISMISS - -Demurrer to evidence assumes that the prosecution has already rested its case. -Motion to dismiss, it is based on the denial of the accused righteous to the speedy trial characterized by unreasonable vexatious and opressive delay. - Demurrer to evidence can be filed with or without leave of court - Motion to dismiss is filed without leave of court and before the prosecution of offenses.
That’s quite interesting about requisites of trial in absentia. I like what it says. It means that the accused is not present. And there can be no trial in absentia if the accused has not been arraigned. The accused has to be notified of the trial. And his failure to appear is unjustifiable. So. So with that said. There has been an execution sentenced without the defendant’s knowledge and have had multiple attempts of it. So since there can be no trial in absentia because he has not been notified or arraigned then the judges sentencing is not valid and decisions are invalid and all attempts have been attempted homicide the whole time and those involved are all guilty of it. Great to know
Jane Hyacenth Coronado 3C4 thank you Sir. this is the summary i have learned Trial Rule 119 trial is the examination before a competent tribunal according to the laws of the land , of facts put in issue in a case for the purpose of determining such issue after plea of not guilty is entered, the accused shall have at least 15days to prepare. hearing is not confined to trial -procedure of trial the trial once commence, shall continue from day to day as far as practicable until terminated. -the purpose of the continuous trial system is to expedite tile decision or resolution of case in the trial courts - order of trial in criminal cases in criminal cases the prosecution shall present a evidence to prove the charges and in proper cases the accused may present evidence to prove his defense and damages -rebuttal evidence which will controvert the evidence presented by the prosecution and the defense at the first instance - if the judge is not satisfied with the evidence adduced in criminal cases, he may , on his motion, call witnesses or recall some of the same witnesses for the purpose of satisfying his mind with the reference to particular facts involved in the case - Case deemed submitted for decision upon the admission of the parties evidence in chief, rebuttal and sur rebuttal proof, the case is deemed submitted for decision unless the court directs them to argue their respective memoranda. -instances when presence if the accused required by law 1. upon arraignment and in entering plea, during trial, upon promulgation and when court with clue notice requires so. -if the judge does not comply with the period of time within the case is to be terminated then he can be charged administratively or suspension . - the cases where the time limitation is inapplicable 1. when the offended party is about to depart with no definite date of return 2. child abuse cases 3. violation of dangerous drug law 4. kidnapping, robbery by an band. in this case the 180 days trial did not apply - duties of the presiding judge under the continuous trial system 1. adhere faithfully to the session hours prescribed by laws 2. maintain full control of the proceeding 3. effectively allocate and use time and court resources to avoid court delays and 4. continuous trial on a weekly or short term trial - factors to be considered for granting continuance whether or not: 1.the failure to grant continuance would make a continuation of proceeding impossible 2. the case as a whole is novel, unusual and complex -prohibited grounds for continuance 1. congestion of the court’s calendar 2. failure to obtain available witnesses on the part of the prosecutor - if the accused to be tried again pursuant to an order fo a new trial, the trial shall commence within 30days from notice of order except if the 30 days period becomes impractical due to unavailability of the witnesses and other factors - the duties of the public attorney when the accused is imprisoned 1. shall promptly undertake to obtain the presence of the prisoner for a trial 2. upon receipt of that notice, the custodian of that prisoner shall promptly advice the prisoner of the charge and of his right to demand trial - conduct a trial with several accused when two or more person are jointly charged with an offense, they shall be tried jointly except the court upon motion of the prosecutor or any of may order a separate trial trial in absentia under section 14 art 3 trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable - requisites of trial in absentia 1. the accused has been arraigned 2. he has been notified of the trial 3. his failure to appear is unjustified - refusal to appear of the accused will have the effect of waiving the right to present evidence and to conduct cross examination against the witnesses presented against him
CAPONPON, ELLIEN H. 3C3 Good day Sir! This is a summary of what I’ve learned: Rule 119 Trial *TRIAL - Examination before a competent tribunal - After a plea of not guilty is entered, the accused shall have at least 15 days to prepare for trial and the trial shall commence within 30 days from receipt of pre-trial order. - Hearing is not confined to trial, but embraces several stages of litigation including the pre-trial stage. *PROCEDURE OF TRIAL - The trial once commenced, shall continue from day to day as far as practicable until terminated. However, it may be postponed for a reasonable period of time for good cause. *PURPOSE OF THE CONTINUOUS TRIAL SYSTEM - Expedite tile decision or resolution of cases in the trial courts. *ORDER OF TRIAL IN CRIMINAL CASES 1. The prosecution shall present evidence to prove the charge and in the proper case, the civil liability. 2. The accused may present evidence to prove his defense and damages if any arising from the issuance of a provisional remedy in the case. 3. The prosecution and the defense may in order to present rebuttal and sub-rebuttal evidence. 4. The case shall be deemed submitted for judgment. *Right and opportunity to adduce additional evidence - if the judge is not satisfied with the evidence adduced in criminal cases, he may, on his motion, call a witnesses or recall some of the same witnesses for the purpose of satisfying his mind with the reference to particular facts involved in the case. *Case deemed submitted for decision - upon admission of the evidence in chief rebuttal and sur-rebuttal proof as the case may be, the case is submitted for decision or judgement. *Instances when the presence of the accused required by law 1. Upon arraignment and in entering plea. 2. During trial when his presence is necessary for the purpose of identification. 3. Upon promulgation of judgment except for light offenses. 4. When the court with due notice requires so. *Cases where the time limitation is inapplicable 1. When the offended party is about to depart with no definite date of return 2. Child abuse cases 3. Violations of Dangerous Drugs Law 4. Kidnapping, robbery by a band, robbery against banking or financial institutions, violations of Car napping Act and other heinous crimes *Requisites in trial in absentia 1. The accused has been arraigned - most important requisite in trial in absentia. There can be no trial in absentia if the accused had not been arraigned. 2. He has been notified of the trial. 3. His failure to appear is unjustified. *Effects of trial in absentia - if the accused unjustifiably refused to appear in court hearings after arraignment then that failure to appear or refusal to appear will have the effect of waiving the right to present evidence and to conduct cross examination against witnesses presented against him. *Demurrer to Evidence - also in the nature of a motion to dismiss except that the ground for the demurrer of evidence is that the evidence presented by the prosecution is insufficient whether it is lacking. - it is an objection on the part of the accused to the effect that evidence presented by the prosecution is insufficient in point of law whether true or not to make out a case or sustain the issue. *Rule on demurrer to evidence - A demurrer to evidence can be done by the court on its on initiative or upon the accused upon filing of a motion for leave of court or without leave of court. It is filed after the prosecution has rested its case. The ground is insufficiency of evidence. If the court will rely or sustain a demurrer of evidence it will have to dismiss the case.
VELASQUEZ, FATIMA MAE C. 3-C1 - LSPU-SPCC This is the summary of what I have learned from this video. Trial in Absentia- Constitution provides that the trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. Remedies available to the accused when his right to speedy trial is violated 1.Ask for the trial of the case 2.Unreasonable delay of the trial of a criminal case as to make the detention of defendant illegal gives for habeas corpus as a remedy for obtaining release 3.Mandamus proceeding to compel the dismissal of the information: ot 4.Ask for the trial of the case and then move to dismiss. Requisite before an accused may become a State witness 1.There is “absolute necessity” for the testimony of the accused whose discharge is requested 2.There are “no other direct evidence available” for the proper prosecution of the offense committed, except the testimony of the said accused 3.The testimony of said accused can be “substantially corroborated” in its material points 4.Said accused does “not appear to be the most guilty” 5.Said accused has “not” at any time been convicted of any offense involving “moral turpitude”
MANTO, KYLA M.
3C2
Thank you Sir, the following are the summary of what I've learned under Rule 119 Trial:
Trial is the examination, this is the termination of the truth in order to resolve the issue in a particular case. After a plea of not guilty is entered, the accused shall have at least 15 days to prepare for trial and the trial shall commence within 30 days from receipt of pre-trial order (Sec. 1, Rule 119). Hearing is not confined to trial, but embraces several stages of litigation including the pre-trial stage. Hearing is more broad in scope. Hearing can pertain to trial and also the pre-trial stage.
Procedure of trial:
The trial once commenced, shall continue from day to day as far as practicable until terminated. However, it may be postponed for a reasonable period of time for good cause.
Purpose of the continuous trial system:
Expedite tile decision or resolution of cases in the trial courts. SC Circular No. 1-89 which requires the judges to conduct trial with utmost dispatch meaning the several delays without justifiable costs is not allowed because we follow the continuous trial system in our trial courts.
Order of trial in criminal cases:
1. In criminal cases, the prosecution shall present evidence to prove the charge and in the proper case, the civil liability.
2. The accused may present evidence to prove his defense and damages if any arising from the issuance of a provisional remedy in the case.
3. After the prosecution and the defense presented their evidence then they can present rebutall and sur-rebuttal evidence.
4. The case is deemed submitted for judgment.
Rebuttal and sur-rebutall evidence- Are evidence which will controvert the evidence presented by the prosecution and the defense at the first instance.
Right and opportunity to adduce additional evidence:
The judge is not satisfied with the evidence adduced in criminal cases, he may, on his motion, call a witnesses or recall some of the same witnesses for the purpose of satisfying his mind with the reference to particular facts involved in the case.
Case deemed submitted for decision
- upon admission of the evidence in chief rebuttal and sur-rebuttal proof as the case may be, the case is submitted for decision or judgement.
Instances when the presence of the accused required by law:
1. Upon arraigment and in entering plea.
2. During trial when his presence is necessary for the purpose of identification.
3. Upon promulgation of judgment except for light offenses.
4. When the court with due notice requires so.
Time limit for the trial of criminal cases:
Trial shall not exceed 180 days from the first day of trial except those cases governed by the rules on summary procedure, those penalty prescribe by law does not exceed 6 months imprisonment or a fine of PHP 1,000 or both and those authorized by the Chief Justice of the SC pursuant to the Speedy Trial Act to exceed to 180 days.
Effect of court's failure to comply with the mandates of the Speedy Trial Act:
If the judge does not comply with the period of time within which the case is to be terminated then he can be charged administratively or may be find suspended or removed unless with justifiable reason.
Cases where the time limitation is inapplicable:
1. When the offended party is about to depart with no definite date of return
2. Child abuse cases
3. Violations of Dangerous Drugs Law
4. Kidnapping, robbery by a band, robbery against banking or financial institutions, violations of Carnapping Act and other heinous crimes
Factors to be considered for granting continuance:
Continuance - means postponement
Whether or not:
1. 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
Prohibited grounds for a continuance or postponement of hearing:
1. Congestion of the court's calendar or due to lack of diligent preparation.
2. Failure to obtain available witnesses on the part of the prosecutor.
Time limit following an order for new trial:
If the accused is to be tried again pursuant to an order for a new trial, the trial shall commence within 30 days from notice of the order except if the 30 day period becomes impractical.
Duties of the public attorney when the accused is imprisoned:
Shall promptly undertake to obtain the presence of the prisoner for trial and the upon receipt of that notice, the custodian of that prisoner shall promptly advise the prisoner of tge church and is try to demand trial.
Conduct of trial for several accused:
When there are two or more persons who are jointly charged with an offense they shall be tried jointly except when the court, upon motion of tge prosecutor or any of may order a seperate trial.
Trial in Absentia:
Trial in absentia under the constitution provides the trial may proceed not withstanding the absence of accused provided that he has been duly notified and his failure to appear is unjustifiable.
Requisites in trial in absentia:
1. The accused has been arraigned - most important requisite in trial in absentia. There can be no trial in absentia if the accused had not been arraigned;
2. He has been notified of the trial;
3. His failure to appear is unjustified.
Effects of trial in absentia:
If the accused unjustifiably refused to appear in court hearings after arraignment then that failure to appear or refusal to appear will have the effect of waiving the right to present evidence and to conduct cross examination against witnesses presented against him.
Period for the application for discharge of the state witness:
It should be made upon motion of the prosecution before resting its case.
Demurrer to Evidence:
In the nature of a motion to dismiss except that the ground for the demurrer of evidence is that the evidence presented by the prosecution is insufficient whether it is lacking. It is an objection on the part of the accused to the effect that evidence presented by the prosecution is insufficient in point of law whether true or not to make out a case or sustain the issue.
Rule on demurrer to evidence:
A demurrer to evidence can be done by the court on its on initiative or upon the accused upon filing of a motion for leave of court or without leave of court. It is filed after the prosecution has rested its case. The ground is insufficiency of evidence. If the court will rely or sustain a demurrer of evidence it will have to dismiss the case.
Purpose of leave of court:
Determine whether or not the defendant in a criminal case has filed the demurrer merely to stall the proceedings.
Demurrer to evidence v. Motion to dismiss
- Demurrer to evidence assumes that the prosecution has already rested its case.
- Motion to dismiss, it is based on the denial of the accused righteous to the speedy trial characterized by unreasonable vexatious and opressive delay.
- Demurrer to evidence can be filed with or without leave of court
- Motion to dismiss is filed without leave of court and before the prosecution has rested its case.
SUBIJANO, ARLENE V.
3C3
In this lesson, I've learned that in Rule 119 Trial:
Trial
- is the examination, this is the termination of the truth in order to resolve the issue in a particular case.
- After a plea of not guilty is entered, the accused shall have at least 15 days to prepare for trial and the trial shall commence within 30 days from receipt of pre-trial order.
- Hearing is more broad in scope. Hearing can pertain to trial and also the pre-trial stage.
Procedure of Trial
- the trial once commenced, shall continue from day to day as far as practicable until terminated. However, it may be postponed for a reasonable period of time for good cause.
Order of trial in criminal cases
- In criminal cases, the prosecution shall present evidence to prove the charge and in the proper case, the civil liability.
- The accused may present evidence to prove his defense and damages if any arising from the issuance of a provisional remedy in the case.
- After the prosecution and the defense presented their evidence then they can present rebuttal and sur-rebuttal evidence.
- The case is deemed submitted for judgment.
Rebuttal and sur-rebuttal evidence - these are evidence which will controvert the evidence presented by the prosecution and the defense at the first instance.
Right and opportunity to adduce additional evidence
- if the judge is not satisfied with the evidence adduced in criminal cases, he may, on his motion, call a witnesses or recall some of the same witnesses for the purpose of satisfying his mind with the reference to particular facts involved in the case.
Case deemed submitted for decision
- upon admission of the evidence in chief rebuttal and sur-rebuttal proof as the case may be, the case is submitted for decision or judgement.
Instances when the presence of the accused required by law
- Upon arraignment and in entering plea.
- During trial when his presence is necessary for the purpose of identification.
- Upon promulgation of judgment except for light offenses.
- When the court with due notice requires so.
Time limit for the trial of criminal cases
- Trial shall not exceed 180 days from the first day of trial except those cases governed by the rules on summary procedure, those penalty prescribe by law does not exceed 6 months imprisonment or a fine of PHP 1,000 or both and those authorized by the Chief Justice of the SC pursuant to the Speedy Trial Act to exceed to 180 days.
Effect of court's failure to comply with the mandates of the Speedy Trial Act
- if the judge does not comply with the period of time within which the case is to be terminated then he can be charged administratively or may be find suspended or removed unless with justifiable reason.
Cases where the time limitation is inapplicable
- When the offended party is about to depart with no definite date of return
- Child abuse cases
- Violations of Dangerous Drugs Law
- Kidnapping, robbery by a band, robbery against banking or financial institutions, violations of Carnapping Act and other heinous crimes
Factors to be considered for granting continuance:
- The failure to grant continuance would make a continuation of the proceeding impossible or result in a miscarriage of justice
- The case as a whole is novel, unusual and complex
Prohibited grounds for a continuance or postponement of hearing
- Congestion of the court's calendar or due to lack of diligent preparation.
- Failure to obtain available witnesses on the part of the prosecutor.
Time limit for new trial
- if the accused is to be tried again pursuant to an order for a new trial, the trial shall commence within 30 days from notice of the order except if the 30 day period becomes impractical.
Duties of the public attorney when the accused is imprisoned
- he shall promptly undertake to obtain the presence of the prisoner for trial and the upon receipt of that notice, the custodian of that prisoner shall promptly advise the prisoner of tge church and is try to demand trial.
Conduct of trial for several accused
- when there are two or more persons who are jointly charged with an offense they shall be tried jointly except when the court, upon motion of tge prosecutor or any of may order a separate trial.
Trial in Absentia
- Trial in absentia under the constitution provides the trial may proceed not withstanding the absence of accused provided that he has been duly notified and his failure to appear is unjustifiable.
Requisites in trial in absentia
- The accused has been arraigned - most important requisite in trial in absentia. There can be no trial in absentia if the accused had not been arraigned.
- He has been notified of the trial.
- His failure to appear is unjustified.
Effects of trial in absentia
- if the accused unjustifiably refused to appear in court hearings after arraignment then that failure to appear or refusal to appear will have the effect of waiving the right to present evidence and to conduct cross examination against witnesses presented against him.
Demurrer to Evidence
- also in the nature of a motion to dismiss except that the ground for the demurrer of evidence is that the evidence presented by the prosecution is insufficient whether it is lacking.
- it is an objection on the part of the accused to the effect that evidence presented by the prosecution is insufficient in point of law whether true or not to make out a case or sustain the issue.
Rule on demurrer to evidence
- A demurrer to evidence can be done by the court on its on initiative or upon the accused upon filing of a motion for leave of court or without leave of court. It is filed after the prosecution has rested its case. The ground is insufficiency of evidence. If the court will rely or sustain a demurrer of evidence it will have to dismiss the case.
Purpose of leave of court
- to determine whether or not the defendant in a criminal case has filed the demurrer merely to stall the proceedings.
Demurrer to evidence vs. Motion to dismiss
- demurrer to evidence assumes that the prosecution has already rested its case. While motion to dismiss is a based on the denial of the accused righteous to the speedy trial characterized by unreasonable vexatious and oppressive delay.
- demurrer to evidence can be filed with or without leave of court while a motion to dismiss is filed without leave of court and before the prosecution has rested its case.
TULAWE RICO O. BSCRIM-3C1
GOOD DAY, ATTY!
Thank you for this lecture series. This is the summary of what ive learned during viewing of this particular series.
RULE 119- TRIAL
TRIAL -is the examination, this is the termination of the truth in order to resolve the issue in a particular case.
After a plea of not guilty is entered, the accused shall have at least 15 days to prepare for trial and the trial shall commence within 30 days from receipt of pre-trial order (Sec. 1, Rule 119).
Hearing is not confined to trial, but embraces several stages of litigation including the pre-trial stage.
Hearing is broader in scope.
Hearing can pertain to trial and also the pre-trial stage.
PROCEDURE OF TRIAL:
The trial once commenced, shall continue from day to day as far as practicable until terminated. However, it may be postponed for a reasonable period of time for good cause. Purpose of the continuous trial system: Expedite tile decision or resolution of cases in the trial courts.
SC Circular No. 1-89 which requires the judges to conduct trial with utmost dispatch meaning the several delays without justifiable costs is not allowed because we follow the continuous trial system in our trial courts.
ORDER OF TRIAL IN CRIMINAL CASES:
1. In criminal cases, the prosecution shall present evidence to prove the charge and in the proper case, the civil liability.
2. The accused may present evidence to prove his defense and damages if any arising from the issuance of a provisional remedy in the case.
3. After the prosecution and the defense presented their evidence then they can present rebutall and sur-rebuttal evidence. (OPTIONAL)
4. The case is deemed submitted for judgment.
REBUTTAL AND SUR-REBUTALL EVIDENCE- Are evidence which will controvert the evidence presented by the prosecution and the defense at the first instance.
RIGHT AND OPPORTUNITY TO ADDUCE ADDITIONAL EVIDENCE:
The judge is not satisfied with the evidence adduced in criminal cases, he may, on his motion, call a witnesses or recall some of the same witnesses for the purpose of satisfying his mind with the reference to particular facts involved in the case.
Case deemed submitted for decision - upon admission of the evidence in chief rebuttal and sur-rebuttal proof as the case may be, the case is submitted for decision or judgement.
INSTANCES WHEN THE PRESENCE OF THE ACCUSED REQUIRED BY LAW:
1. Upon arraigment and in entering plea.
2. During trial when his presence is necessary for the purpose of identification.
3. Upon promulgation of judgment except for light offenses.
4. When the court with due notice requires so.
TIME LIMIT FOR THE TRIAL OF CRIMINAL CASES:
Trial shall not exceed 180 days from the first day of trial except those cases governed by the rules on summary procedure, those penalty prescribe by law does not exceed 6 months imprisonment or a fine of PHP 1,000 or both and those authorized by the Chief Justice of the SC pursuant to the Speedy Trial Act to exceed to 180 days.
EFFECT OF COURT'S FAILURE TO COMPLY WITH THE MANDATES OF THE SPEEDY TRIAL ACT:
If the judge does not comply with the period of time within which the case is to be terminated then he can be charged administratively or may be find suspended or removed unless with justifiable reason.
CASES WHERE THE TIME LIMITATION IS INAPPLICABLE:
1. When the offended party is about to depart with no definite date of return
2. Child abuse cases
3. Violations of Dangerous Drugs Law
4. Kidnapping, robbery by a band, robbery against banking or financial institutions, violations of Carnapping Act and other heinous crimes
FACTORS TO BE CONSIDERED FOR GRANTING CONTINUANCE:
CONTINUANCE - means postponement Whether or not:
1. 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
PROHIBITED GROUNDS FOR A CONTINUANCE OR POSTPONEMENT OF HEARING:
1. Congestion of the court's calendar or due to lack of diligent preparation.
2. Failure to obtain available witnesses on the part of the prosecutor.
TIME LIMIT FOLLOWING AN ORDER FOR NEW TRIAL:
If the accused is to be tried again pursuant to an order for a new trial, the trial shall commence within 30 days from notice of the order, except if the 30 day period becomes impractical.
DUTIES OF THE PUBLIC ATTORNEY WHEN THE ACCUSED IS IMPRISONED:
Shall promptly undertake to obtain the presence of the prisoner for trial and the upon receipt of that notice, the custodian of that prisoner shall promptly advise the prisoner of tge church and is try to demand trial.
CONDUCT OF TRIAL FOR SEVERAL ACCUSED:
GR; When there are two or more persons who are jointly charged with an offense they shall be tried jointly
XPN; when the court, upon motion of the prosecutor or any of may order a seperate trial.
Trial in Absentia:
TRIAL IN ABSENTIA- under the constitution provides the trial may proceed notwithstanding the absence of accused provided that he has been duly notified and his failure to appear is unjustifiable.
REQUISITES IN TRIAL IN ABSENTIA:
1. The accused has been arraigned - most important requisite in trial in absentia. There can be no trial in absentia if the accused had not been arraigned;
2. He has been notified of the trial;
3. His failure to appear is unjustified.
EFFECTS OF TRIAL IN ABSENTIA:
If the accused unjustifiably refused to appear in court hearings after arraignment then that failure to appear or refusal to appear will have the effect of waiving the right to present evidence and to conduct cross examination against witnesses presented against him.
STATE WITNESS- is one of two or more person jointly charged with the commission of crime who is discharged with his consent as such accused so that he may be a witness for the state.
REQUISITES FOR AN ACCUSED TO BECOME A STATE WITNESS
1. Absolute necessity
2. No other direct evidence available
3. Substantially corroborated
4. Not appear to be the most guilty
5. Moral turpitude
PERIOD FOR THE APPLICATION FOR DISCHARGE OF THE STATE WITNESS:
It should be made upon motion of the prosecution before resting its case.
DEMURRER TO EVIDENCE
In the nature of a motion to dismiss except that the ground for the demurrer of evidence is that the evidence presented by the prosecution is insufficient whether it is lacking. It is an objection on the part of the accused to the effect that evidence presented by the prosecution is insufficient in point of law whether true or not to make out a case or sustain the issue.
RULE ON DEMURRER TO EVIDENCE
A demurrer to evidence can be done by the court on its on initiative or upon the accused upon filing of a motion for leave of court or without leave of court. It is filed after the prosecution has rested its case.
THE GROUND IS INSUFFICIENCY OF EVIDENCE
If the court will rely or sustain a demurrer of evidence it will have to dismiss the case.
PURPOSE OF LEAVE OF COURT
Determine whether or not the defendant in a criminal case has filed the demurrer merely to stall the proceedings.
DEMURRER TO EVIDENCE V. MOTION TO DISMISS -
-Demurrer to evidence assumes that the prosecution has already rested its case.
-Motion to dismiss, it is based on the denial of the accused righteous to the speedy trial characterized by unreasonable vexatious and opressive delay.
- Demurrer to evidence can be filed with or without leave of court - Motion to dismiss is filed without leave of court and before the prosecution of offenses.
That’s quite interesting about requisites of trial in absentia. I like what it says. It means that the accused is not present. And there can be no trial in absentia if the accused has not been arraigned. The accused has to be notified of the trial. And his failure to appear is unjustifiable. So. So with that said. There has been an execution sentenced without the defendant’s knowledge and have had multiple attempts of it. So since there can be no trial in absentia because he has not been notified or arraigned then the judges sentencing is not valid and decisions are invalid and all attempts have been attempted homicide the whole time and those involved are all guilty of it. Great to know
what about section 14 of 119
Jane Hyacenth Coronado
3C4
thank you Sir. this is the summary i have learned
Trial Rule 119
trial is the examination before a competent tribunal according to the laws of the land , of facts put in issue in a case for the purpose of determining such issue after plea of not guilty is entered, the accused shall have at least 15days to prepare.
hearing is not confined to trial
-procedure of trial the trial once commence, shall continue from day to day as far as practicable until terminated.
-the purpose of the continuous trial system is to expedite tile decision or resolution of case in the trial courts
- order of trial in criminal cases in criminal cases the prosecution shall present a evidence to prove the charges and in proper cases the accused may present evidence to prove his defense and damages
-rebuttal evidence which will controvert the evidence presented by the prosecution and the defense at the first instance
- if the judge is not satisfied with the evidence adduced in criminal cases, he may , on his motion, call witnesses or recall some of the same witnesses for the purpose of satisfying his mind with the reference to particular facts involved in the case
- Case deemed submitted for decision upon the admission of the parties evidence in chief, rebuttal and sur rebuttal proof, the case is deemed submitted for decision unless the court directs them to argue their respective memoranda.
-instances when presence if the accused required by law 1. upon arraignment and in entering plea, during trial, upon promulgation and when court with clue notice requires so.
-if the judge does not comply with the period of time within the case is to be terminated then he can be charged administratively or suspension .
- the cases where the time limitation is inapplicable
1. when the offended party is about to depart with no definite date of return
2. child abuse cases
3. violation of dangerous drug law
4. kidnapping, robbery by an band. in this case the 180 days trial did not apply
- duties of the presiding judge under the continuous trial system
1. adhere faithfully to the session hours prescribed by laws
2. maintain full control of the proceeding
3. effectively allocate and use time and court resources to avoid court delays and
4. continuous trial on a weekly or short term trial
- factors to be considered for granting continuance
whether or not:
1.the failure to grant continuance would make a continuation of proceeding impossible
2. the case as a whole is novel, unusual and complex
-prohibited grounds for continuance
1. congestion of the court’s calendar
2. failure to obtain available witnesses on the part of the prosecutor
- if the accused to be tried again pursuant to an order fo a new trial, the trial shall commence within 30days from notice of order except if the 30 days period becomes impractical due to unavailability of the witnesses and other factors
- the duties of the public attorney when the accused is imprisoned 1. shall promptly undertake to obtain the presence of the prisoner for a trial
2. upon receipt of that notice, the custodian of that prisoner shall promptly advice the prisoner of the charge and of his right to demand trial
- conduct a trial with several accused when two or more person are jointly charged with an offense, they shall be tried jointly except the court upon motion of the prosecutor or any of may order a separate trial
trial in absentia
under section 14 art 3 trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable
- requisites of trial in absentia
1. the accused has been arraigned
2. he has been notified of the trial
3. his failure to appear is unjustified
- refusal to appear of the accused will have the effect of waiving the right to present evidence and to conduct cross examination against the witnesses presented against him
CAPONPON, ELLIEN H.
3C3
Good day Sir! This is a summary of what I’ve learned:
Rule 119 Trial
*TRIAL
- Examination before a competent tribunal
- After a plea of not guilty is entered, the accused shall have at least 15 days to prepare for trial and the trial shall commence within 30 days from receipt of pre-trial order. - Hearing is not confined to trial, but embraces several stages of litigation including the pre-trial stage.
*PROCEDURE OF TRIAL
- The trial once commenced, shall continue from day to day as far as practicable until terminated. However, it may be postponed for a reasonable period of time for good cause.
*PURPOSE OF THE CONTINUOUS TRIAL SYSTEM
- Expedite tile decision or resolution of cases in the trial courts.
*ORDER OF TRIAL IN CRIMINAL CASES
1. The prosecution shall present evidence to prove the charge and in the proper case, the civil liability.
2. The accused may present evidence to prove his defense and damages if any arising from the issuance of a provisional remedy in the case.
3. The prosecution and the defense may in order to present rebuttal and sub-rebuttal evidence.
4. The case shall be deemed submitted for judgment.
*Right and opportunity to adduce additional evidence
- if the judge is not satisfied with the evidence adduced in criminal cases, he may, on his motion, call a witnesses or recall some of the same witnesses for the purpose of satisfying his mind with the reference to particular facts involved in the case.
*Case deemed submitted for decision - upon admission of the evidence in chief rebuttal and sur-rebuttal proof as the case may be, the case is submitted for decision or judgement.
*Instances when the presence of the accused required by law
1. Upon arraignment and in entering plea.
2. During trial when his presence is necessary for the purpose of identification.
3. Upon promulgation of judgment except for light offenses.
4. When the court with due notice requires so.
*Cases where the time limitation is inapplicable
1. When the offended party is about to depart with no definite date of return
2. Child abuse cases
3. Violations of Dangerous Drugs Law
4. Kidnapping, robbery by a band, robbery against banking or financial institutions, violations of Car napping Act and other heinous crimes
*Requisites in trial in absentia
1. The accused has been arraigned - most important requisite in trial in absentia. There can be no trial in absentia if the accused had not been arraigned.
2. He has been notified of the trial.
3. His failure to appear is unjustified.
*Effects of trial in absentia
- if the accused unjustifiably refused to appear in court hearings after arraignment then that failure to appear or refusal to appear will have the effect of waiving the right to present evidence and to conduct cross examination against witnesses presented against him.
*Demurrer to Evidence
- also in the nature of a motion to dismiss except that the ground for the demurrer of evidence is that the evidence presented by the prosecution is insufficient whether it is lacking. - it is an objection on the part of the accused to the effect that evidence presented by the prosecution is insufficient in point of law whether true or not to make out a case or sustain the issue.
*Rule on demurrer to evidence
- A demurrer to evidence can be done by the court on its on initiative or upon the accused upon filing of a motion for leave of court or without leave of court. It is filed after the prosecution has rested its case. The ground is insufficiency of evidence. If the court will rely or sustain a demurrer of evidence it will have to dismiss the case.
ANDA, MARIFER H.
BS CRIMINOLOGY
3C3
-DONE WATCHING
Thank you sir for the additional knowledge
Atty good pm po. Ask ko lang po anong remedy if a case was provisionally dismissed 3 yrs ago. Anong gagawin para ma dismiss with finality? Salamat po.
sir salamat po, crim student po ako
VELASQUEZ, FATIMA MAE C.
3-C1 - LSPU-SPCC
This is the summary of what I have learned from this video.
Trial in Absentia- Constitution provides that the trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.
Remedies available to the accused when his right to speedy trial is violated
1.Ask for the trial of the case
2.Unreasonable delay of the trial of a criminal case as to make the detention of defendant illegal gives for habeas corpus as a remedy for obtaining release
3.Mandamus proceeding to compel the dismissal of the information: ot
4.Ask for the trial of the case and then move to dismiss.
Requisite before an accused may become a State witness
1.There is “absolute necessity” for the testimony of the accused whose discharge is requested
2.There are “no other direct evidence available” for the proper prosecution of the offense committed, except the testimony of the said accused
3.The testimony of said accused can be “substantially corroborated” in its material points
4.Said accused does “not appear to be the most guilty”
5.Said accused has “not” at any time been convicted of any offense involving “moral turpitude”