IN FLARANTE DELICTO FILED IN COURT

ARRAIGNMENT AND PRELIMINARY

ACT/ OMISSION ARREST BAIL
PLEA BARGANING CONFERENCE
HOT PURSUIT FILED WITH THE
PROSECUTOR

PURPOSE
1. Assist parties in reaching a
1. Mission order settlement
2. Sworn statement 2. Mark the docs presented as
3. Pictures exhibits
4. Seizure receipt 3. Attach copies for
5. Tally inventory comparison
6. Turn-over receipt 4. Ascertain the undisputed
7. Endorsement facts and admission
letter 5. Consider matters for prompt
8. Certification of disposition
authenticity of
S permit
JAR 6. Record proceeding during
• be used subject to cross examination the preliminary conference
U 9. Referral slip conducted within 1 day 7. Mark affidavits of witnesses
B • Parties shall file with the court and serve 8. Attached minutes and
to the adverse party not later than 5 days exhibits for pre-trial
M before pre-trial
I P
IF DEMURER IS GRANTED
S • Accused is acquitted. Double R
S jeopardy applies PRE-TRIAL ORDER
E
• Accused shall file demurer within 1. Actions taken during PTC
I 10 days (non-extendible) 2. Admissions made -
O • Opposition may oppose the same 3. Evidence marked
T
(5 days) 4. The number of witnesses presented
N R
IF COURT DENIES DEMURER WITH PROSECUTION I
O LEAVE OF COURT 1. Direct Testimony- JAR A
• Accused may adduce evidence in DEMURER TO EVIDENCE
F his defense • Filed within 5 days after the
2. Cross-examine by defense
L
3. Re-direct
prosecution rests its case 4. Re-cross
M HOW DEFENSE
1. Upon courts own initiative or 1. Direct- JAR
E IF COURT DENIES WITHOUT LEAVE 2. upon motion of demurer to 2. Cross-examine TRIAL
OF COURT evidence by the accused with or
M • Accused waives his right to present without leave of court
3. Re-direct
4. Re-cross
O evidence and submit the case for NOT REVIEWABLE BY APPEAL or by
judgment based on the evidence
R presented by the prosecution
CERTIORARI
CONTINUOUS TRIAL- day to day as far as
A practicable until terminated. Must not
exceed 3 months
N
D DISPOSITION- shall be within 10 months
from arraignment
A
IF ACCUSED IS NOT BROUGHT TO TRIAL
Tacder, LFM/ RPEC WITHIN THE TIME LIMIT- dismissed on the
motion of the accused
 S
U
B
M
I
S
COURT MAY
S • Require submission within 30 days
I (non-extendible) from the date the
O case is submitted for decision
WITH OR WITHOUR MEMORANDA
N • Court shall decide within 60 days
counted from the last day of the
30-day period to submit
O memoranda
F
CONTENTS
1. Statement of facts
M 2. Statement of issues
E 3. Discussion
4. Prayer
M
O
R JUDGMENT TYPES OF PROMULGATION
A • Adjudication by the court that the accused is guilty a) Ordinary promulgation
or not guilty of the offense charged and the b) Promulgation of decision sin light felonies
N imposition on him of the proper penalty and civil c) Promulgation by executive judge
D liability d) Promulgation in absentia
IT MUST BE IN 1. Accused was notified of the schedule and date
A • Writing of promulgation
• Personally and directly prepared by the judge 2. He failed to appear
• Must contain the law upon which it is based 3. Judgment recorded in criminal docket
4. A copy thereof was served

JUDGMENT CONTENTS
1. Legal qualification of the offense
2. Participation of the accused WHO READS
3. Penalty imposed • Judge
4. Civil liability and damages • Clerk of Court (no judge
R HOW
available)

E By reading in the presence of the

M accused
EXCEPT:
IF THE ACCUSED IS ABSENT IN PROMULGATION
• For conviction
E Light felonies- may be read in the a) he loses the remedies available and
D presence of the counsel or any
representative
b) court shall order his arrest or
c) he may surrender within 15 days and file a
I motion for leave of court to avail of remedies
Tacder, LFM/ RPEC E • For acquittal- judgment be recorded in the criminal
docket and a copy thereof is served to counsel
S
 R
E
M
E
D GROUNDS:
I 1. Court made a mistake in arriving at a
decision
E 2. Decision is not accordance with law
S 3. Decision is not in accordance with
evidence
4. Errors of law and fact which requires
WHEN- anytime within 15 days before no further proceedings
MOTION FOR judgment become final
RECONSIDERATION
WHO FILES- accused or the court motu
proprio but with consent of the accused GROUNDS:
In RPEC this applies to civil 1. Errors of law or irregularities prejudicial to the substantial rights committed
procedure and special civil during trial
action EFFECT:
1. accused waives his right against double • Effect: all proceedings and evidence affected shall be set aside and taken
jeopardy or judgment can become anew
MOTION FOR NEW graver 2. Newly discovered evidence
a) Evidence is discovered after trial
TRIAL 2. judgement is set aside, and a new
b) It cannot be produced during or discovered
judgment will be rendered
c) during trial
d) Evidence is material note merely cumulative or corroborative
• Effect: evidence already adduced shall stand and newly discovered
evidence be taken together with the evidence on record

WHO CAN FILE EFFECT OF APPEAL BY ANY OF SEVERAL ACCUSED:

APPEAL 1. Accused- as an effect, he 1. Appeal by one shall not affect those who did not appeal
waives his right to double • Except if the judgment is favorable to others
jeopardy 2. Appeal on civil aspect shall not affect criminal liability
2. Offended party- only in 3. Upon perfection of appeal, the execution of the final order
civil aspect appealed from shall be stayed as t the appealing party

SLAPP An action filed against a law enforcer WHEN- upon the filing of information in court and before arraignment, may file
who harassed, vex, exert undue a motion to dismiss on the ground of SLAPP
Strategic Lawsuit
pressure in enforcing environmental
Against Public laws. EFFECT: proceeding of the main case is deferred.
Participation in Criminal
Cases Summary in nature EVIDENCE
• Law enforcer- needs substantial evidence that his act in enforcing
environmental laws is a legitimate action
• Party filing the action- needs preponderance of evidence that the
action is SLAPP

Tacder, LFM/ RPEC

 An extraordinary remedy available against
WRIT OF unlawful act or omission of a public official or
employee or private individual or entity involving
KALIKASAN environmental damage of such magnitude as to
prejudice the life, health or property of
inhabitants in two or more cities or provinces
WRIT OF writ issued by a court in an environmental case
directing any agency or instrumentality of the
CONTINUING government or officer thereof to perform an act
MANDAMUS or series of acts decreed by final judgment which
shall remain effective until judgment is fully
satisfied
Tacder, LFM/ RPEC
RELIEFS GRANTED
1. Permanently cease and desist from committing acts or in neglecting the
performance of a duty in violation of environmental laws resulting in
environmental destruction or damage
2. Directing respondent to
• Protect, rehabilitate, or restore
• Monitor strict compliance with the decision and orders of
the court
• Make periodic reports on execution of the final judgment
• Other reliefs which relate to the right of people to a
balanced and healthful ecology to the protection,
preservation, rehabilitation, or restoration of the
environment
EXCEPTION: award of damages to individual petitioners
Court Compels the parties to:
1. Submit compliance report
2. Avail of other means to monitor
compliance