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10.2. TRIAL - Coggle Diagram
10.2. TRIAL
WITNESS RELATED
Conditional examination of defense witness
GR:
All witnesses shall give their testimonies at the trial of the case in the presence of the judge
XPN:
The accused may, upon motion with notice to the other parties, have witnesses conditionally examined in his behalf
Contents of the Motion
(1) Name and residence of the witness
(2) Substance of his testimony
(3) That the witness is sick or infirm as to afford reasonable ground for believing that he will not be able to attend the trial OR resides more than 100 km from the place of trial and has no means to attend the same or prevent him from attending the trial
Formal requirements
The motion shall be supported by an affidavit of the accused
Such other evidence as the court may require
Substantive requirements
Leave of court must be sought before a defense witness may be conditionally examined.
Court action on the Motion
Court must determine whether the examination of a witness for the accused is necessary
If it finds that it is necessary, it shall issue an order directing the witness to be examined at a specific date, time, and place
A copy of the order shall be served on the prosecutor at least 3 days before the scheduled examination
Who shall examine the witness?
GR: A judge
XPN: If not practicable:
(1) A member of the Bar in good standing designated in the order
(2) Before an inferior court -- if the order is made by a court of superior jurisdiction
Conditional examination of prosecution witness
When can a prosecution witness be conditionally examined?
(1) If he is too sick or infirm to appear at the trial as directed
(2) If he has to leave PH with no definite date of returning
Place of examination of prosecution witness
He must be examined before the court where the case is pending
Presence of accused
GR:
Examination is done in the presence of the accused
XPN:
Failure or refusal of the accused to attend the examination as long as reasonable notice has been served
Bail to secure appearance of material witness
Purpose
To ensure that a material witness will testify when required, the accused may move to require the witness to post bail
Court Action for Motion to Require Witness to Post Bail
When the court is satisfied, upon proof of oath, that a material witness will not testify, it may order the witness to post bail in such sum as it may deem proper.
Refusal of witness to post bail
This is considered contempt of court
The court shall commit the witness to prison until he complies or is legally discharged after his testimony is taken.
Discharge as a State Witness
Requisites for a valid discharge as witness against their co-accused
Two or more accused are jointly charged with the commission of an offense
The prosecution files a motion for discharge before it rests its case
The prosecution presents evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge
The trial court is satisfied that there is absolute necessity for the testimony
When is such discharge sought by prosecutor
Before the prosecution rests its case
Hearing requirement
There must be a hearing where the prosecution presents the sworn statement of the proposed witness and its other evidence for the purpose of proving that the conditions for discharge exist
When is there absolute necessity for the testimony of the accused sought to be discharged?
When he alone has knowledge of the crime
There would be no necessity if he would simply corroborate another testimony
Depends on the circumstances of each case regardless of the number of conspirators
Does not appear to be most guilty
The defendant whose exclusion is requested does not appear to be the most guilty, not necessarily that he is the least guilty
Effect of discharge
If proper -- he is acquitted unless he fails or refuses to testify
If improper discharge -- it will deprive the accused of the acquittal and the constitutional guarantee against double jeopardy BUT his testimony is still admissible
COUNSEL RELATED
Public Attorney's Duties where accused is imprisoned
The accused is either preventively detained because:
He is charged with a bailable crime but has no means to post bail
Charged with a non-bailable crime
Serving a term of imprisonment
2nd way of obtaining the presence of the prisoner for trial
(1) Cause a notice to be served on the person having custody of the prisoner to advise the prisoner of his right to demand trial
(2) The custodian shall advise the prisoner of this right
(3) The prisoner shall then inform the custodian that he demands such trial
(4) The custodian shall then cause notice to that effect to be sent to the public attorney
(5) Upon receipt of notice, the public attorney shall promptly seek to obtain the presence of the prisoner for trial
(6) When the custodian receives the request for the availability of the prisoner for the purpose of trial, such prisoner shall be made available
1st way of obtaining the presence of the prisoner for trial
(1) The attorney shall file a motion manifesting that the detainee demands arraignment for trial and, for this purpose, that the custodian be ordered to bring the detainee to court from time to time as ordered,
Appointment of Acting Prosecutor
Grounds for disqualification of prosecutor (his assistant or deputy)
He or his wife or child is pecuniarily interested as the heir, legatee or creditor or otherwise
He is related to either party within the 6th degree of consanguinity or affinity
He is related to counsel within the 4th degree
He has been executor, administrator, guardian, trustee, or counsel in the case
Inhibition
The prosecutor may also, in the exercise of his discretion, disqualify himself from acting as prosecutor for just or valid reasons other than the grounds for disqualfication
Hierarchical organization of the prosecution staff
The assistant prosecutor's disqualification is forwarded to the office of the city or provincial prosecutor
if the city or provincial prosecutor is disqualified, the matter is forwarded to the regional prosecutor