A LAYMAN’S GUIDE TO COURT

PROCEDURE

Atty./PMAJ ROMMEL P. BAUTISTA

 DEFINITION OF TERMS
What is Criminal Proceedings?
 It is a proceedings before the
Trial Court from the period of
Arraignment up to the rendition
of Judgment
What is a Criminal Action?
 It is a lawsuit instituted and prosecuted for
the punishment of a crime or an offense.
What is the term Prosecute?
 to commence and carry on a criminal
action or lawsuit in the name of the People
of the Philippines.
Who is a Complainant?
 It is the offended party
Who is an Accused?
 Persons charged with criminal offense.
What is a Complaint?
 It is a sworn written statement by
the offended party or by any law
enforcer charging a person with
an offense.
What is an Information?
 It is an accusation in writing
made by a prosecutor charging
a person with an offense.
What is Private Crimes?
 are offenses which can only be prosecuted
by the offended party. e.g. Adultery,
Concubinage, Seduction, Abduction, Libel
and Defamation.
What is Public Crimes?
 are all criminal offenses except private
crimes.
Who is a Public Prosecutor?
 are government lawyers representing the
People of the Philippines who formally
commences and carry out a criminal
lawsuit against the accused.
What is a Preliminary Investigation?
 It is a summary proceeding or inquiry
conducted by the prosecutor for the
purpose of determining whether there is
sufficient ground to believe that a crime
has been committed and whether the
accused is probably guilty thereof.
What is an Inquest?
 It is an informal and summary investigation
in criminal cases involving persons
arrested without a warrant to determine
the validity of the arrest.
 In what court is a Complaint or
Information filed?
Territorial Jurisdiction
 JURISDICTION IN CRIMINAL
CASES
What are the Exclusive Jurisdiction of
Municipal Trial; Courts in Cities; Municipal
Circuit Trial Court?
 1. All civil cases, the grant of provisional
remedies in proper cases, and all probate
proceedings, where the value of personal
property, estate or amount of demand does
not exceed Php 200,000. exclusive of
interest, damages, litigation and other
expenses (in Metro Manila, the amount
should be Php 400,000.)
 2. All cases of forcible entry and unlawful
detainer (ejectment).
 3. All civil cases which involve title to or
possession of real property or any interest
therein where the assessed value does
not exceed Php 20,000. (in Metro Manila
Php 50,000.) exclusive of interest,
damages, litigation and other expenses.
 4. BP 22 Cases.

 5. Civil cases under summary procedure.

 WHAT ARE THE CASES SUBJECT
TO SUMMARY PROCEDURE?
Traffic violations
Violations of rental law
Violations of city or municipal
ordinance
All other violations where penalty
does no exceed 6 months
imprisonment
 All offenses punishable by imprisonment
not exceeding six years, regardless of the
fine or other imposable accessory or other
penalties including the civil liability (in
offenses involving damage to property
through criminal negligence, the MTC has
exclusive original jurisdiction)
WHAT ARE THE EXCLUSIVE JURISDICTION OF
THE REGIONAL TRIAL COURT?

 The RTCs exercise exclusive original

jurisdiction in all criminal cases that are not
within the exclusive jurisdiction of any court,
tribunal or body (e.g. offenses punishable
with imprisonment exceeding 6 years
regardless of the amount of the fine
 Exclusive appellate jurisdiction in all cases
decided by lower courts in the exercise of
their respective jurisdictions
WHAT ARE THE EXCLUSIVE JURISDICTION OF
THE SANDIGANBAYAN?

 Has exclusive jurisdiction in all offenses

committed by public officers and employees in
relation to their office, including government-
owned and controlled corporation and by private
individuals charged as co-principals,
accomplices or accessories, where one or more
of the accused occupy positions classified as
grade “27”
 The Sandiganbayan also has exclusive
appellate jurisdiction over final judgments,
resolutions, or orders of regional trial courts
exercising original or appellate jurisdiction in
cases involving public officers and employees in
government-owned corporation where all the
accused occupy positions lower than salary
grade 27
 SUMMARY PROCEDURE IN
CRIMINAL CASES
1. FILING OF A COMPLAINT
Complainant files a complaint with the municipal trial court

2. Within 5 days from filing complainant submit

His and his witnesses affidavits
(failure to do so would mean dismissal of the case)
 Court may dismiss
3.A Court issues order requiring accused to submit The case at this
Within 10 days his affidavit and that of his witnesses point
and any evidence on his behalf copy furnished
complainant

4.A May submit reply

Within 10 days

5.B Court dismisses the case

5.A Arraignment based on
Affidavits
 6. Preliminary Conference

7. Trial. Only affidavits executed by witnesses shall constitute

Direct examination subject to cross

8. Judgment. Within 30 days after termination of trial., Court

Promulgates the judgment

9. Losing party may appeal judgment or final order to the RTC.

A judgment of acquittal not appeallable.
 STAGES IN CRIMINAL
PROCEDURE
 Stage 1: Starting a Criminal Action
Municipal Trial Court
Regional Trial Court
 Stage 2: Arrest and Bail
 Stage 3. Arraignment and Plea
 Stage 4. Pre-Trial
 Stage 5. Trial
 Stage 6. Judgment
 Stage 7: Appeal
 Stage 8. Entry and Execution of Judgment
 COMPLAINT
 In Municipal Trial Courts, a municipal case
is instituted by filing a COMPLAINT or an
INFORMATION.
 In Court in Cities and in Metro Manila, a
case is instituted by filing an
INFORMATION.
 In Metro Manila, COMPLAINT is filed
before the City Prosecutor’s Office.
What is the difference between COMPLAINT and
INFORMATION?

1. C signed by the offended party or law

enforcement officer. I signed by the prosecutor
2. C did not go through PI, I a PI was conducted
by the prosecutor
3. C the offenses charged is less than 4 yrs 2
months 1 day. In I, the offense charged
involved a penalty of 4 years 2 months 1 day
and up.
 HOW DO YOU MAKE A
COMPLAINT
 1. Remember your 5Ws and 1 H
What
When
Where
Why
Who
How
2. Take into consideration the elements of
the crime committed by the respondent
Brush up on your English Grammar- use a
steel brush if necessary : )
 SAMPLE OF DEFECTIVE
COMPLAINT
 Comes now the undersigned Chief Investigator of
_______ Municipal Police Station, ________, Quezon,
and after having been sworn to in accordance with law,
accuses X of ________, Sariaya Quezon of Serious
Disobedience to a Person in Authority defined and
punished under the law committed as follows:
That on the 11th day of April 2010, at more or less 5
o’clock in the afternoon at ____St., _____ Quezon, and
within the jurisdiction of this Honorable Court, the above
named accused did then and there willfully, unlawfully,
feloniously ignored, disobeyed, and shouted bad words
the offended party and likewise arrogant without
apparent reason.
 5 Ws and 1H
1. What: X disobeyed, imputed bad words
against whom? ________
2. Where: in ______ Quezon
3. When: April 11, 2010 at 5 in the afternoon
4. Who: X against ?
5. Why: X was charged?
6. How: __________________________
 Elements of the Crime
 Resistance and disobedience to a person in
Authority or the agents of such person
 (Serious Disobedience)
1. A person in authority or his agent us engaged in
the performance of his official duty
2. The said person or his agent gives a lawful order
3. Offender resists or seriously disobeys such
person in authority or his agent
4. The act of the offender does not constitute
Direct or Indirect Assault
 Proper Complaint
 The undersigned accuses X of the crime of
Serious Disobedience to a Person in Authority
defined and penalized under Art 151 of the
Revised Penal Code, committed as follow:
That on or about April 11, 2010, (when) at Brgy
Masalukot II, Municipality of Candelaria,
Province of Quezon, Philippines and within the
jurisdiction of this Honorable Court, (where) the
above named accused, did there and then
willfully, unlawfully, feloniously….
and seriously disobey (who) PO1 Abu
Bakar, an agent of a person in authority and
while the latter was engaged in the
performance of his duties (element no 1) as
(what) as a traffic enforcer, by (how)
forcefully refusing to turn over his license
(element no 3) after (why) being lawfully
ordered to do so (element number 2) after
hitting, bumping and causing damage to
another vehicle and shouting “gago” and
“tanga” to the said police officer.
 POP QUIZ

MAKE A COMPLAINT FOR MALICIOUS

MISCHIEF USING THE 5Ws 1H method.
Remember the elements….
Remember your grammar….
 PROCEDURE FOR STARTING A CRIMINAL
ACTION IN THE MUNICIPAL TRIAL COURT

1-ACriminal Offense is
reported To the police 2-A complaint is filed
with MTC

3-AJudge personally
4-b If there is Probable Investigates the
Cause Judge issues complain
Warrant of Arrest

4-a Dismiss the

Arrest complaint no
Probable cause
PROCEDURE FOR STARTING A CRIMINAL
ACTION IN THE REGIONAL TRIAL COURT

1 OFFENDED PARTY FILES A COMPLAINT

WITH THE PROSECUTOR

2 PROSECUTOR CONDUCTS P.I. TO

DETERMINE IF A CRIME HAS BEEN
COMMITTED AND THE ACCUSED
PROBABLY GUILTY THEREOF

RESOLUTION WITHIN 60 DAYS FR FILING

 4-B WITH GROUNDS
4-A NO GROUNDS ISSUE SUBPOENA TO
DISMISSED RESPONDENT/S

5-B RESPONDENT SUBMIT

COUNTER AND OTHER
5-A RESPONDENT SUPPORTING DOCUMENTS
DID NOT SUBMIT
COUNTER

6-B CLARIFICATORY HEARING

6-A RESOLUTION MADE IS CONDUCTED
ON THE BASIS OF
COMPLAINANT’S
EVIDENCE
 7 RESOLUTION EITHER
DISMISSING THE CASE OR
RECOMMENDING FILING
AN INFORMATION

8-A PP/CP DISMISSES 8-B PP/CP APPROVES THE

THE COMPLAINT FILING OF INFORMATION

9-A COMPLAINANT MAY 9-B INFORMATION IS

APPEAL TO DOJ SEC FILED IN COURT
 10 A DOJ SEC 10 B DOJ SEC
AFFIRMS RESO REVERSES RESO

11 b INFO IS 10 C UPON FILING OF

11 a FINAL INFO JUDGE MAY SIMPLY
FILED
DISMISSAL RELY ON THE PROS AND
IN RTC
OF THE OR CONDUCT HIS OWN
Warrant of
COMPLAINT EXAMINATION Warrant
Arrest issued
of Arrest Issued

12 ARREST OF THE
ACCUSED
 RULE 113 ARREST
 What is Arrest?
is the taking of a person in custody in order
to answer for his alleged commission of a
crime.
 How Arrest can be made?
It may be made on any day and at any time
of the day or night. No violence or
unnecessary force should be used in making
the arrest. It is the duty of the arresting
officer to take the arrested person without
delay to the nearest police station or jail.
 Warrantless Arrest
 Sec. 5. Arrest without warrant; when
lawful. – A peace officer or a private
person may, without a warrant, arrest a
person:
(a) When, in his presence, the person to
be arrested has committed, is actually
committing, or is attempting to commit
an offense;
 (b) When an offense has just been committed
and he has probable cause to believe based
on personal knowledge of facts or
circumstances that the person to be arrested
has committed it; and
 (c) When the person to be arrested is a
prisoner who has escaped from a penal
establishment or place where he is serving
final judgment or is temporarily confined
while his case is pending, or has escaped
while being transferred from one
confinement to another
Sec. 7. Method of arrest by officer by virtue of warrant.

– When making an arrest by virtue of a warrant,

the officer shall inform the person to be
arrested of the cause of the arrest and the
fact that a warrant has been issued for his
arrest, except when he flees or forcibly
resists before the officer has opportunity to
so inform him, or when the giving of such
information will imperil the arrest. The officer
need not have the warrant in his possession
at the time of the arrest but after the arrest, if
the person arrested so requires, the warrant
shall be shown to him as soon as practicable
 Sec. 8. Method of arrest by officer without
warrant.
– When making an arrest without a warrant, the
officer shall inform the person to be arrested of
his authority and the cause of the arrest,
unless the latter is either engaged in the
commission of an offense, is pursued
immediately after its commission, has escaped,
flees, or forcibly resists before the officer has
opportunity to so inform him, or when the
giving of such information will imperil the
arrest.
 RULE 114 BAIL
 Section 1. Bail defined.

– Bail is the security given for the release of

a person in custody of the law, furnished by
him or a bondsman, to guarantee his
appearance before any court as required
under the conditions hereinafter specified.
 FOUR KINDS OF BAIL
 Corporate Surety
 Property Bond
 Cash Deposit
 Recognizance
Sec. 4. Bail, a matter of right;
- (a) before or after conviction by the
Metropolitan Trial Court, Municipal Trial
Court, Municipal Trial Court in Cities, or
Municipal Circuit Trial Court,

- (b) before conviction by the Regional

Trial court of an offense not punishable
by death, reclusion perpetua, or life
imprisonment.
 Sec 5 Bail when discretionary
– Upon conviction by the Regional Trial
Court of an offense not punishable by
death, reclusion perpetua, or life
imprisonment.
 Sec. 7. Capital offense or an offense
punishable by reclusion perpetua or life
imprisonment, not bailable.

– No person charged with a capital

offense, or an offense punishable by
reclusion perpetua or life imprisonment,
shall be admitted to bail when evidence
of guilt is strong, regardless of the state
of the criminal prosecution.
 OUTLINE ARREST AND BAIL
1. ACCUSED ARRESTED AND PUT
TO JAIL

2-B OFFENSE PUNISHABLE

2-A ACCUSED POSTS WITH RP, LI OR DEATH
BAIL AND RELEASED ACCUSED MAY APPLY
FOR BAIL

3 HEARING IS CONDUCTED
TO DETERMINE IF EVID
OF GUILT IS STRONG
 4AEVIDENCE OF 4-B EVID OF GUILT
GUILT STRONG BAIL NOT STRONG. BAIL
IS DENIED GRANTED

5. JUDGE ORDERS
RELEASE OF
ACCUSED

6. ACCUSED
RELEASED
7. ARRAIGNMENT ON BAIL
 RULE 115 - RIGHTS OF
ACCUSED
 (a) To be presumed innocent until the
contrary is proved beyond reasonable
doubt.
 (b) To be informed of the nature and
cause of the accusation against him.
 (C) must be informed of his Miranda
Rights
 (d) the person arrested has the right to be
assisted by counsel at all times.
 Investigating officer is duty bound to make
a report on custodial investigation. The
said report should be signed or thumb
marked by the suspect/s. If he can not
read or write, the same shall be explained
to him in a language understood by him.
Otherwise, the report is null and void.
 Any member of the bar or relative of the
person arrested may visit and confer
privately with the accused in jail or in any
other place any time of the day.
 Extra judicial confession must be in writing
signed by the suspect in the presence of
counsel. He can waive his right to counsel
with the assistance of counsel
 (c) To be present and defend in person
and by counsel at every stage of the
proceedings, from arraignment to
promulgation of the judgment.

 (d) To testify as a witness in his own

behalf but subject to cross-examination
on matters covered by direct
examination. His silence shall not in
any manner prejudice him.
 (e) To be exempt from being compelled to be
a witness against himself.

 (f) To confront and cross-examine the

witnesses against him at the trial. Either party
may utilize as part of its evidence the
testimony of a witness who is deceased, out
of or cannot with due diligence be found in
the Philippines, unavailable, or otherwise
unable to testify, given in another case or
proceeding, judicial or administrative,
involving the same parties and subject
matter, the adverse party having the
opportunity to cross-examine him.
 (g) To have compulsory process issued
to secure the attendance of witnesses
and production of other evidence in his
behalf.
 (h) To have speedy, impartial and
public trial.
 (i) To appeal in all cases allowed and in
the manner prescribed by law.
 RULE 116 - ARRAIGNMENT AND PLEA
 Section 1. Arraignment and plea; how made?

- (a) The accused must be arraigned before the

court where the complaint or information was
filed or assigned for trial. The arraignment shall
be made in open court by the judge or clerk by
furnishing the accused with a copy of the
complaint or information, reading the same in
the language or dialect known to him, and
asking him whether he pleads guilty or not
guilty. The prosecution may call at the trial
witnesses other than those named in the
complaint or information.
 (b) The accused must be present at the
arraignment and must personally enter
his plea.
 When the accused refuses to plead or
makes a conditional plea, a plea of not
guilty shall be entered for him.
 (d) When the accused pleads guilty but
presents exculpatory evidence, his plea
shall be deemed withdrawn and a plea
of not guilty shall be entered for him.
 The private offended party shall be
required to appear at the arraignment
for purposes of plea bargaining,
determination of civil liability, and other
matters requiring his presence. In case
of failure of the offended party to
appear despite due notice, the court
may allow the accused to enter a plea
of guilty to a lesser offense which is
necessarily included in the offense
charged with the conformity of the trial
prosecutor alone.
 Unless a shorter period is provided by
special law or Supreme Court circular,
the arraignment shall be held within
thirty (30) days from the date the court
acquires jurisdiction over the person of
the accused.
DIAGRAM OF ARRAIGNMENT
AND PLEA
ACCUSED PRESENT AT THE TIME
OF ARRAIGNMENT

GUILTY TO A NON CAPITAL

OFFENSE

GUILTY TO A LESSER
OFFENSE JUDGEMENT

GUILTY TO A CAPITAL
OFFENSE
 NOT GUILTY

PRE-TRIAL

REFUSAL TO PLEAD OR
CONDITIONAL PLEA OF
GUILTY
RULE 117 - MOTION TO QUASH
 Section 1. Time to move to quash. – At any
time before entering his plea, the accused
may move to quash the complaint or
information. 

 Sec. 2. Form and contents. – The motion to

quash shall be in writing, signed by the
accused or his counsel and shall distinctly
specify its factual and legal grounds. The
court shall consider no ground other than
those stated in the motion, except lack of
jurisdiction over the offense charged. 
 Sec. 3. Grounds. – The accused may move to
quash the complaint or information on any of
the following grounds:
(a) That the facts charged do not constitute an
offense;
(b) That the court trying the case has no
jurisdiction over the offense charged;
(c) That the court trying the case has no
jurisdiction over the person of the accused;
(d) That the officer who filed the information
had no authority to do so;
 (e) That it does not conform substantially to the
prescribed form;
 (f) That more than one offense is charged except
when a single punishment for various offenses is
prescribed by law;
 (g) That the criminal action or liability has been
extinguished;
 (h) That it contains averments which, if true, would
constitute a legal excuse or justification; and
 (i) That the accused has been previously convicted
or acquitted of the offense charged, or the case
against him was dismissed or otherwise terminated
without his express consent.
 Sec. 4. Amendment of complaint or
information. – If the motion to quash is
based on an alleged defect of the
complaint or information which can be
cured by amendment, the court shall
order that an amendment be made.
 Sec. 5. Effect of sustaining the motion
to quash. – If the motion to quash is
sustained, the court may order that
another complaint or information be
filed except as provided in section 6 of
this rule.
 Sec. 6. Order sustaining the motion to
quash not a bar to another prosecution;
exception. – An order sustaining the
motion to quash is not a bar to another
prosecution for the same offense
unless the motion was based on the
grounds specified in section 3 (g) and
(i) of this Rule. 
 Sec. 7. Former conviction or acquittal; double
jeopardy. – When an accused has been convicted
or acquitted, or the case against him dismissed
or otherwise terminated without his express
consent by a court of competent jurisdiction,
upon a valid complaint or information or other
formal charge sufficient in form and substance
to sustain a conviction and after the accused
had pleaded to the charge, the conviction or
acquittal of the accused or the dismissal of the
case shall be a bar to another prosecution for
the offense charged, or for any attempt to
commit the same or frustration thereof, or for
any offense which necessarily includes or is
necessarily included in the offense charged in
the former complaint or information.
 However, the conviction of the accused shall not
be a bar to another prosecution for an offense
which necessarily includes the offense charged
in the former complaint or information under any
of the following instances:
 (a) the graver offense developed due to
supervening facts arising from the same act or
omission constituting the former charge;(b) the
facts constituting the graver charge became
known or were discovered only after a plea was
entered in the former complaint or information;
or
 (c) the plea of guilty to the lesser offense was
made without the consent of the prosecutor and
of the offended party except as provided in
section 1(f) of Rule 116.
 Sec. 8. Provisional dismissal. – A case
shall not be provisionally dismissed
except with the express consent of the
accused and with notice to the
offended party.
The provisional dismissal of offenses
punishable by imprisonment not exceeding
six (6) years or a fine of any amount, or both,
shall become permanent one (1) year after
issuance of the order without the case
having been revived. With respect to
offenses punishable by imprisonment of
more than six (6) years, their provisional
dismissal shall become permanent two (2)
years after issuance of the order without the
case having been revived. 
 Sec. 9. Failure to move to quash or to
allege any ground therefore. – The
failure of the accused to assert any
ground of a motion to quash before he
pleads to the complaint or information,
either because he did not file a motion
to quash or failed to allege the same in
said motion, shall be deemed a waiver
of any objections except those based
on the grounds provided for in
paragraphs (a), (b), (g), and (i) of
section 3 of this Rule
 PRE-TRIAL
 Section 1. Pre-trial; mandatory in criminal cases. – In
all criminal cases cognizable by the
Sandiganbayan, Regional Trial Court, Metropolitan
Trial Court, Municipal Trial Court in Cities, Municipal
Trial Court and Municipal Circuit Trial Court, the
court shall, after arraignment and within thirty (30)
days from the date the court acquires jurisdiction
over the person of the accused, unless a shorter
period is provided for in special laws or circulars of
the Supreme Court, order a pre-trial conference to
consider the following:
 (a) plea bargaining;
 (b) stipulation of facts;
 (c) marking for identification of
evidence of the parties;
 (d) waiver of objections to admissibility
of evidence;
 (e) modification of the order of trial if
the accused admits the charge but
interposes a lawful defense; and
 (f) such matters as will promote a fair
and expeditious trial of the criminal and
civil aspects of the case.
 Sec. 2. Pre-trial agreement. – All agreements
or admissions made or entered during the
pre-trial conference shall be reduced in
writing and signed by the accused and
counsel, otherwise, they cannot be used
against the accused.

  Sec. 4. Pre-trial order. – After the pre-trial

conference, the court shall issue an order
reciting the actions taken, the facts
stipulated, and evidence marked. Such order
shall bind the parties, limit the trial to matters
not disposed of, and control the course f the
action during the trial, unless modified by the
court to prevent manifest injustice.
 PRE TRIAL CONFERENCE

1-B marking of evidence

1-A Plea Bargaining
Stipulation of Facts
Settlement of Civil
Waiver of Objections
Liability
Civil Liability

2- Judge issues Pre-Trial

Order

3A 3-B
judgment Trial
 TRIAL
 Section 1. Time to prepare for trial. – After a
plea of not guilty is entered, the accused
shall have at least fifteen (15) days to prepare
for trial. The trial shall commence within
thirty (30) days from receipt of the pre-trial
order. 
 Sec. 2. Continuous trial until terminated;
postponements. – Trial once commenced
shall continue from day to day as far as
practicable until terminated. It may be
postponed for a reasonable period of time for
good cause.
 Sec. 11. Order of trial. – The trial shall
proceed in the following order:

 (a) The prosecution shall present evidence to

prove the charge and, in the proper case, the
civil liability.

 (b) The accused may present evidence to

prove his defense and damages, if any,
arising, from the issuance of a provisional
remedy in the case.

 (c) The prosecution and the defense may, in

that order, present rebuttal and sur-rebuttal
evidence unless the court, in furtherance of
justice, permits them to present additional
evidence bearing upon the main issue.
 (d) Upon admission of evidence of the
parties, the case shall be deemed submitted
for decision unless the court directs them to
argue orally or to submit written memoranda.

 (e) When the accused admits the act or

omission charged in the complaint or
information but interposes a lawful defense,
the order of trial may be modified.
 Sec. 17. Discharge of accused to be state
witness. – When two or more persons are
jointly charged with the commission of any
offense, upon motion of the prosecution
before resting its case, the court may direct
one or more of the accused to be discharged
with their consent so that they may be
witnesses for the state when, after requiring
the prosecution to present evidence and the
sworn statement of each proposed state
witness at a hearing in support of the
discharge, the court is satisfied that:
 (a) There is absolute necessity for the testimony of
the accused whose discharge is requested;
 (b) There is no other direct evidence available for the
proper prosecution of the offense committed, except
the testimony of said accused;
 (c) The testimony of said accused can be
substantially corroborated in its material points;
 (d) Said accused does not appear to be the most
guilty; and
 (e) Said accused has not at any time been convicted
of any offense involving moral turpitude.
 Evidence adduced in support of the discharge shall
automatically form part of the trial. If the court
denies the motion for discharge of the accused as
state witness, his sworn statement shall be
inadmissible in evidence.
 Sec. 18. Discharge of accused operates
as acquittal. – The order indicated in
the preceding section shall amount to
an acquittal of the discharged accused
and shall be a bar to future prosecution
for the same offense, unless the
accused fails or refuses to testify
against his co-accused in accordance
with his sworn statement constituting
the basis for his discharge.
 Sec. 21. Exclusion of the public. – The
judge may, motu proprio, exclude the
public from the courtroom if the
evidence to be produced during the
trial is offensive to decency or public
morals. He may also, on motion of the
accused, exclude the public from the
trial except court personnel and the
counsel of the parties.
 Sec. 23. Demurrer to evidence. – After
the prosecution rests its case, the court
may dismiss the action on the ground
of insufficiency of evidence (1) on its
own initiative after giving the
prosecution the opportunity to be
heard or (2) upon demurrer to evidence
filed by the accused with or without
leave of court.
 If the court denies the demurrer to
evidence filed with leave of court, the
accused may adduce evidence in his
defense. When the demurrer to
evidence is filed without leave of court,
the accused waives the right to present
evidence and submits the case for
judgment on the basis of the evidence
for the prosecution.
 The motion for leave of court to file demurrer
to evidence shall specifically state its
grounds and shall be filed within a non-
extendible period of five (5) days after the
prosecution rests its case. The prosecution
may oppose the motion within a non-
extendible period of five (5) days from its
receipt.
     If leave of court is granted, the accused
shall file the demurrer to evidence within a
non-extendible period of ten (10) days from
notice. The prosecution may oppose the
demurrer to evidence within a similar period
from its receipt.
1. Parties are notified
Of The date of Trial

2. Trial Proper

3. Prosecution
Presents Evidence

3-A Defense Presents 3-B Demurrer to

evidence Evidence
 DEMURRER GRANTED
REBUTTAL EVIDENCE
ACCUSED ACQUITTED

JUDGEMENT
 MOTIONS THAT MAY BE FILED
DURING THE TRIAL PERIOD
 Motion for Postponement- may be filed by
either parties accompanied by an Affidavit:
 a. absence of material witness
 b. absence of party or counsel due to
illness or other causes
 c. withdrawal of counsel
 Motion to discharge accused as a state
witness
 Motion to secure the appearance of
material witness- either party may file this
motion if a material witness fails to appear
 Motion to Dismiss or Demurrer to
Evidence
 Exclusion of the Public
 Exclusion of Other Witnesses- an opposing
counsel may orally move for the exclusion from
the courtroom of other witnesses. This is to
prevent or foil any plans of collusion among
witnesses regarding their testimonies
 Relief in case of Unreasonable postponement-
The accused may file a motion for the
provisional dismissal of the case by invoking his
right to a speedy trial.
 JUDGEMENT
 Section 1. Judgment; definition and form. –
Judgment is the adjudication by the court
that the accused is guilty or not guilty of the
offense charged and the imposition on him of
the proper penalty and civil liability, if any. It
must be written in the official language,
personally and directly prepared by the judge
and signed by him and shall contain clearly
and distinctly a statement of the facts and
the law upon which it is based. 
  Sec. 6. Promulgation of judgment. – The
judgment is promulgated by reading it in the
presence of the accused and any judge of
the court in which it was rendered. However,
if the conviction is for a light offense, the
judgment may be pronounced in the
presence of his counsel or representative.
When the judge is absent or outside the
province or city, the judgment may be
promulgated by the clerk of court.
 Promulgation in Absentia- In case the accused
fails to appear at the scheduled date of
promulgation of judgment despite notice, the
promulgation shall be made by recording the
judgment in the criminal docket and serving
him a copy thereof at his last known address
or thru his counsel.
 If the judgment is for conviction and the
failure of the accused to appear was without
justifiable cause, he shall lose the remedies
available in these rules against the judgment
and the court shall order his arrest. Within
fifteen (15) days from promulgation of
judgment, however, the accused may
surrender and file a motion for leave of court
to avail of these remedies. He shall state the
reasons for his absence at the scheduled
promulgation and if he proves that his
absence was for a justifiable cause, he shall
be allowed to avail of said remedies within
fifteen (15) days from notice. 
 Sec. 8. Entry of judgment. – After a judgment
has become final, it shall be entered in
accordance with Rule 36. 
 REMEDIAL ACTIONS by the accused within 15
days from Judgment

 Motion for Reconsideration- reconsideration of

the judgment may be asked by the accused
based on error or law or fact in judgment. This
does not require new trial
 Motion for New Trial- may be granted on two
grounds: a. errors of law or irregularities during
trial and b. newly discovered evidence not
available during trial
 Appeal- the accused may appeal the judgment
of conviction. A judgment of acquittal is
generally non appealable except to pursue the
civil liability of the accused unless the party
reserves the right to file a separate civil action. If
the party is not satisfied with the award or is not
indemnified as entitled, he may appeal
 Notice is given to the accused requiring his
presenceAt promulgation of judgment

Promulgation of Judgment

Conviction Acquittal

Within fifteen days from promulgation Judgment is enterd in the

Or notice of judgment Books. It is final and executory

Accused accepts sentence Accused serves

And does not appeal sentence
 Accused files a Accused serves modified
Modification of judgment judgment

Accused files a motion If granted judgment is

For reconsideration Modified and set aside

Accused files a motion If granted new trial is New judgment is

For new trial scheduled rendered

Accused files an appeal

Within fifteen day from Appeal
judgment
 APPEAL
 Appeal- is the elevation by the losing party of any
decision, order, or award made by a lower court
to higher court to review errors in judgment
made in the said decision, order or award. The
appeal must be filed within 15 days from the
promulgation of judgment or in case it was the
lower court who rendered the judgment, 15 days
from notice.
 Sec. 2. Where to appeal. – The appeal may be
taken as follows:
MTC, MeTC, MCTC to RTC through Notice
of Appeal
RTC to CA through Notice of Appeal
RTC to SC through Petition for Review on
Certiorari
MTC, MeTC, MCTC to RTC to CA through
Petition for Review
CA to SC through Petition for Review on
Certiorari
 Who may Appeal
 Accused may appeal for the purposes of:
a. modification and reversal of judgment
b. reduction of penalty or modification of
civil liability
Either party (accused, people) may appeal
the part of the decision dealing with civil
liability
A judgment of acquittal may not be appealed
 Terms in Appeal
 Appealing party : Appellant
 Court where appeal is forwarded: Appellate
Court
 Period of Appeal: within fifteen days from
promulgation
 If motion for reconsideration or new trial was
filed during the period of appeal and the same is
denied, the remaining period becomes the
period to appeal in no case less than 5 days
 Withdrawal of Appeal
 Appellant may withdraw an appeal before
the records are transmitted to the
appellate court.
 Before entry of the final judgment of an
appellate court, the accused appellant
may move for a new trial based on newly
discovered evidence.
 ENTRY AND EXECUTION OF
JUDGMENT
If no appeal or motion for reconsideration or new trial is filed within 15 days
After promulgation or notice of judgment, or order, the said judgment is entered
In the book of entries of judgment and becomes final and executory

Court issues an order of commitment and transmitted to the Director of Prisons

Execution of judgment. Convicted person is brought to prison for the service

Of sentence
 Petition for Probation
 Depending on the sentence, the convicted
person may petition the court to be admitted to
probation. The petitioner must established that
he has no conviction by final judgment and is not
a hardened criminal who will commit another
crime during probation. Court must consider all
other information relative to the character,
antecedents, environment, mental and physical
condition of the offender and the available
institutional or community resources.
 END OF LECTURE
 QUIZ.
 Please prepare ¼ sheet of paper, write your
name, company and date.
 This will also served as your attendance.