Criminal Procedure Oct.

25, 2018

“Immutability of Judgment”

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

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

-Art. 217 Malverstaion

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

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

Rule 121

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

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

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

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

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

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

 There will be proceedings

 If granted it will be favourable to the accused

Motion for reconsideration

 WHAT ARE THE GROUNDS FOR RECONSIDERATION?

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

Denied

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

3 day notice Rule

Errors of law –start from the beginning

Newly discovered Evidence- the evidence already adduced shall stand

RULE 122 – APPEAL

May a prosecution appeal on a judgment of acquittal-

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

WHERE DOES ONE FILE AN APPEAL?

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

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

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

 File to the court that rendered the Judgment

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

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

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

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

Supreme Courts – Errors of law