Please enable JavaScript.

Coggle requires JavaScript to display documents.

Title X Crimpro - K. Judgment - L. Remedies (Reconsideration/Appeal), M.…

- - - - Promulgation In Absentia (120.6)
        
        Accused must fail to appear at scheduled promulgation despite due notice
        
        Promulgation will be made by recording the judgment in the criminal docket AND serving accused a copy through counsel or last known address.
        
        EFFECTS OF ABSENCE (Jaylo v. Sandiganbayan) -
        
        GR - If the judgment is one of conviction, accused loses the remedies available under the RoC against the judgment and shall be arrested.
        
        XCPN - Unless, within (15) days from promulgation IF:
        
        (a) he surrenders
        
        (b) and files motion for leave of court to explain, and proves that the absence wa sjustified.
        
        He shall be allowed to avail of remedies within (15) days from notice.
        
        Rationale (Jaylo) - Accused on bail loses standing in court if they fail to present themselves at the promulgation of judgment.
      - 4. Reopening of the Case
        
        5. Amendment of the Information
        
        6. Finality of Judgment (120 S. 7) - Occurs in Four instances:
        
        After lapse of period for perfecting an appeal
        
        When the sentence has been partially or totally satisfied or served
        
        When the accused has waived in writing his right to appeal
        
        Accused has applied for probation
        
        7. Probation - Effectively, admits conviction so there is already finality of judgment.
        
        XCPN - Probation pending appeal within the 15 day period.
        
        9. Automatic Suspension of Judgment RA 9344
        
        Sec. 38. Automatic Suspension of Sentence.
        
        Once the child who is under eighteen (18) years of age at the time of the commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability which may have resulted from the offense committed.
        
        However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict with the law under suspended sentence, without need of application:
        
        Provided, however, That suspension of sentence shall still be applied even if the juvenile is already eighteen (18) of age or more at the time of the pronouncement of his/her guilt.
        
        1 more item...
        
        Requirement of Jurisdiction (Gonzales v. CA) -
        
        In this case, information was for qualified seduction before the MTC. But, when defense rested its case the prosecution filed a motion to amend the information to rape.
        
        MTC dismissed the motion, holding that the trying court must have jusridiction to hear BOTH THE ORIGINAL AND SUBSEQUENT case filed against the accused.
        
        MTC having no juris for rape, amendment may not be allowed.
        
        When Made (People v. Tee) - A motion to reopen may properly be presented only after either or both parties have formally offered and closed their evidence, but before judgment
        
        Time Period for Reopening (119.24; Cabarles v. Maceda) - Following requirements for reopening a case:
        
        PRIOR TO FINALITY the reopening must be before the finality of a judgment of conviction;
        
        Therefore, may be made after promulgation.
        
        ORDER - the order is issued by the judge on his own initiative or upon motion;
        
        HEARING - the order is issued only after a hearing is conducted;
        
        the order intends to prevent a miscarriage of justice; and
        
        the presentation of additional and/or further evidence should be terminated within thirty days from the issuance of the order.
        
        Rationale - the court, for good reasons, in the furtherance of justice, may allow new evidence upon their original case, and its ruling will not be disturbed in the appellate court where no abuse of discretion appears.25 A motion to reopen may thus properly be presented only after either or both parties had formally offered and closed their evidence, but before judgment is rendered,26 and even after promulgation but before finality of judgment27 and the only controlling guideline governing a motion to reopen is the paramount interest of justice.28 This remedy of reopening a case was meant to prevent a miscarriage of justice.29
      - GENERAL RULE - Reading it in the presence of the accused and any judge of the court that rendered the same.
        
        EXCEPTION - For a light offense, judgment may be pronounced in the presence of counsel or representative.
        
        JUDGE NOT PRESENT - Judgment may be promulgated by the clerk of court.
        
        Repromulgation of Judgment (Adm. Circ. No. 16-93) - Because process of promulgation differs in original v appellate courts (in original, promulgation proper. Whereas in appellate, only remanded to original for execution) there is no need for another promulgation in decisions of appellate courts. Thus, not allowed.
        
        Procedure in Repromulgation -
        
        Accused in Detention - Upon receipt of the certified copy of the judgment of the appellate court if the convict is under detention, the trial court should issue forthwith the corresponding mittimus or commitment order so that the prisoner may be considered remitted or may be transferred to the corresponding prison facility for confinement and service of sentence.
        
        Accused out on Bail - The trial court shall immediately order the bondsman to surrender the convict to it within ten (10) days from notice and thereafter issue the corresponding mittimus. In both cases, the trial court shall submit to this Court proof of the execution of judgment within fifteen (15) days from date of such execution
        
        MITTIMUS and COMMITMENT ORDER *MITTIMUS- refers to a warrant issued by a court to commit someone to inprisonment
    - - ACQUITTAL
        
        State whether or not the evidence of the prosecution absolutely failed to prove the guilt of the accused or merely failed to prove his guilt beyond reasonable doubt
        
        Determine if the act or omission from which the civil liability might arise did not exist.
    - - When Deemed Necessarily Included (People v. Pareja) - When some of the essential elements of an offense charged incldues the offense proven.
        
        Ex.
        
        Serious Physical Injuries ---> Includes less serious
        
        Rape - Includes acts of lasciviousness
        
        Robbery - Includes Theft.
      - Variance in Mode fo Commission (People v. Abello) - A variance between allegation of mode of commission i.e., force and intimidation alleged but via taking advantage of sleep.
        
        If accused fails to object to evidence showing taht hte crime was committed in a different manner than what was alleged, then mode of commission proven is deemed binding.
  - - - Effect of Change of Judges/Decision by Judge who did not hear the case (people v. Alfredo) - Does not render judgment erroneous, especially where evidence on record sufficient to support the conclusion reached.
- - - - RECONSIDERATION (121) - Motion of the accused or motu proprio
        
        L. NEW TRIAL -
        
        Grounds for New Trial
        
        Errors of Law
        
        Irregularities prejudicial to the substantial rights of the accused
        
        New and material Evidence has been discovered.
        
        3. Effects (121 S. 5)
        
        Original judgment shall be set aside or vacated and a new judgment shall be rendered accordingly
        
        4. Neypes Doctrine - Allows for fresh period of (15) day appeal per latest motion.
        
        Form / Filing (121.4) - Section 4. Form of motion and notice to the prosecutor. -
        
        Shall be in writing, state the grounds on which it is based.
        
        If based on a newly-discovered evidence, the motion must be supported by affidavits of witnesses by whom such evidence is expected to be given or by duly authenticated copies of documents which are proposed to be introduced in evidence.
        
        Notice of the motion for new trial or reconsideration shall be given to the prosecutor.
        
        1 more item...
        
        NEW EVIDENCE - Evidence already adduced shall stand, newly-discovered evidence shall be taken together with evidence on record.
        
        ERRORS OF LAW/IRREGULARITIES - All proceedings and evidence affected shall be set aside and taken anew. Court may also allow introduction of additional evidence.
        
        NEWLY-DISCOVERED EVIDENCE (121 S. 2)
        
        Evidence must have been discovered after the trial
        
        Could not have been previously discovered and produced at trial even with the exercise for reasonable diligence
        
        New and Material Evidence
        
        If introduced and admitted, would probably change the judgment
        
        M. APPEAL - A proceeding to have a decision reconsidered by bringing it to a higher court authority.
        
        A. WHO APPEALS -
        
        GR - Any party may appeal from a judgment or final order, therefore also includes the prosecution.
        
        XCPN - The accused will be placed in double jeopardy.
        
        XCPN 2 XCPN (People v. Macapundag) - If an accused appeals fromt he sentence of hte trial court, deemed a waiver of the right against double jeopardy. Therefore, entire case may be subject to review.
        
        B. WHERE TAKEN, How filed (Rule 122, Sec. 2) -
        
        First-Level Courts (MeTC, MTC, MCT) - To the RTC.
        
        NOTICE OF APPEAL (Rule 40)
        
        Regional Trial Courts (Rule 122, Sec. 3) - Either to the SC, the CA, or the Sandiganbayan.
        
        2 more items...
        
        1. Effect of Appeal
        
        3. Effect of Appeal on Multiple Accused
        
        2 more items...
        
        As to Matter for Review
        
        2 more items...
        
        Stay of Execution (Rule 122, Sec. 11c) -
        
        GR - Upon perfection of an appeal, execution is stayed as to the appealing party.
        
        XCPN (Lubrica v. People) - A co-accused/party who fails to appeal may not benefit from the stay of execution obtained by co accused. Stay of execution is a mere procedural consequence.
        
        XCPN 2 XCPN - If the judgment of the appellate court is favorable to the accused, extends to the co-accused regardless if they appealed or not. (People v. Valdez)
        
        Transmission of Papers to Appellate Court (122.8) - Within (5) days from filing of notice of appeal, clerk of court must transmit complete records + copy of notice of appeal + stenographic notes (original and 3 copies) to appellate court.
        
        1 more item...
        
        Appeal from Civil Aspect (122.11b) -
        
        Effect - Does not affect the criminal aspect of the judgment or order appealed from.
        
        Period of Appeal (Ching v. Nicdao) - Same period for the offended party as that granted to the accused.
        
        C. WHEN TAKEN - Must be taken within (15) days from either:
        
        Promulgation of Judgment;
        
        Notice of Final Order Appealed from
        
        Fresh Period Rule (Neypes v. CA) - A fresh (15) day period within which to file a notice of appeal is granted.
        
        This is counted from the receipt of the order dismissing a motion for new trial/motion for reconsideration.
        
        Here, appeal of the judgment itself NOT the motion for reconsideration.
        
        1 more item...
        
        Service of Notice of Appeal (122.4-5) -
        
        GR - Notice of appeal should be served upon the adverse party or his counsel.
        
        Personal service.
        
        If cannot be made, then substituted, or registered mail under RoC 13.7-8
        
        XCPN - Appellee may waive his right to a notice.
        
        Substantial Interest; Lack of Service - Appellate court has discretion to entertain an appeal even if no notice given if, the interests of justice so require.
        
        General Principles of Appeal -
        
        Nature (Dungo v. People) - A mere statutory privilege, not part of due process nor a natural right. May be exercised only in the manner and, in accordance with the provisions of law.
        
        Effect of Appeal Law (Hilario v. People) - Once granted by law, becomes a statutory right, the suppression of which violates due process.
        
        Consideration of Factual Findings (People v. Racal) - factual findings of the trial court, especially when affirmed by the Court of Appeals deserve great weight and respect.
        
        GR - should not be disturbed on appeal.
        
        XCPN - Facts of weight and substance were overlooked or misinterpreted and would materially affect the disposition of the case.
        
        Credibility of Witnesses -
        
        GR - Accorded great respect, as they are in the best position to observe the deportment and manner of testifying + assessment of evidence in general.
        
        XCPN (Lejano v. CA) - Where discrepancies in the testimony of a witness are apparent, appellate court may rule otherwise.
        
        Change of Theory on Appeal (People v. Mamaril) -
        
        GR - A party cannot change his theory on appeal, may also not raise any question of law/fact that was not raised int he court below, or which was not within the issue raised by the parties in their pleadings.
        
        XCPN (? vibes onli) - Since appeal in crim case throws the entire case open, same effect.
        
        From Same Case - We opt to get out of the ordinary in this case. After all, technicalities must serve, not burden the cause of justice. It is a prudent course of action to excuse a technical lapse and afford the parties a review of the case on appeal to attain the ends of justice.
        
        Harmless error Rule (124.10/People v. Teehankee) - Not all errors are grounds for reversal. if slight and insignificant such that no prejudice will be caused, error by trial court will be disregarded. This is why 124.10 requires only after error injuriously affects the substantial rights of the appellant will an appellate court reverse or modify a judgment.
        
        GROUNDS
        
        Errors of law in the judgment which requires no further proceedings
        
        Errors of fact which require no further proceedings.
        
        When Made - Must be filed before the judgment of conviction becomes final. After finality, will no longer be entertained. (Tadeja v. People)
        
        Period for Resolution for New trial/Reconsideration (Continuous Trial Rules) - Must be resolved within:
        
        (10) - Calendar Days from submission of prosecution's comment
        
        With or without comment, court must resolve within the 10 day period.
- - - - Reclusion Perpetua (122 S. 3) - Shall be elevated to the CA for automatic review without need of filing of an appeal. This is a notice of appeal. But, accused may appeal to SC via rule 45 on pure questions of law.
        
        Notice of Appeal - filed when decision is rendered by the Court in its original jurisdiction. If appellate, then appeal is via certiorari 45
      - NOTICE OF APPEAL - Shall be served upon adverse party or his counsel by personal service. If this cannot be done, then by registered mail or substituted service.
        
        WAIVER - Appellate court may entertain an appeal notwithstanding failure to give notice if interests of justice so require.
        
        EFFECT OF APPEAL - Shall stay execution of judgment or final order appealed from.
        
        SC EN BANC DIVIDED (125 S. 3) - Acquittal is proper.