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10.3. TRIAL - Coggle Diagram
10.3. TRIAL
TRIAL PROPER
Substitution
When substitution is proper
- When it becomes manifest that a mistake has been made in charging the proper offense and;
- The accused cannot be convicted of the offense charged or any other offense necessarily included
- At any time before judgment
When another PI is required after substitution
- When the substitution is ordered by the trial court, another PI is entailed and the accused has to plead anew to the new Information
Procedure in substitution
- Judge will dismiss the complaint upon filing of the proper information
- Normally, the prosecution is the party who files for substitution
Demurrer
When can a court dismiss the action based on insufficiency of evidence
- After prosecution rests its case, the court dismiss:
(1) On its own initiative after giving the prosecution the opportunity to be heard
(2) Upon demurrer to evidence filed by the accused with or without leave of court
Effect of filing a demurrer to evidence WITH OR WITHOUT leave of court
- Filed WITH leave of court -- the accused may adduce evidence in his defense
- Filed WITHOUT leave -- accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution
Requirements for a motion for leave of court to file demurrer to evidence
- Must specifically state the grounds for the motion
- Filed within a non-extendible period of 5 days
- Filed after prosecution rests its case
Effect of grant of leave of court:
- Accused shall file a demurrer to evidence within a non-extendible period of 10 days from notice
- Prosecution may oppose the demurrer within a similar period from its receipt
Effect of denial of leave of court
- The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal or by certiorari before judgment
Effect denial of motion for leave and the accused still files demurrer
- Previously scheduled dates for the accused to present evidence shall be cancelled.
Grant of demurrer
- cannot include the civil aspect of the case
- amounts to an acquittal and cannot be appealed as it would place the accused in double jeopardy
Reopening
Requirements for order for reopening a case:
(1) Before finality of a judgment of conviction
(2) Issued motu proprio or upon motion
(3) Issued only after a hearing is conducted
(4) Intends to prevent a miscarriage of justice
(5) Presentation of additional evidence should be terminated within 30 days from the issuance of the order
When can a Motion to Reopen be properly presented?
- After either or both parties had formally offered and closed their evidence
- Before judgment is rendered
- Even after promulgation but before finality of judgment
Order of trial
GR: Order of trial
(1) Initial presentation of prosecution evidence
(2) Defense may present evidence to prove his defense and damages (if any) from the issuance of a provisional remedy
(3) Prosecution and defense (in that order) may present rebuttal and sur-rebuttal evidence
Unless The court permits them to present additional evidence bearing upon the main issue
(4) Upon admission of evidence, the case shall be deemed submitted for decision
Unless The court directs them to argue orally or to submit written memoranda
XPN: Modification of the order of trial
The order of trial may be modified in case the accused admits the act or omission charged but interposes a lawful defense
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Joint trial of cases
Charges for offenses founded on the same facts or forming part of a series of offenses of similar character may be tried jointly at the discretion of the court
Consolidation
- Unifies criminal cases involving related offenses ONLY for purposes of trial.
- Does not transform the filing fees due for each case consolidated into one indivisible fee
- Several actions are ordered to be tried together but each retains its separate character
- Requires the entry of a separate judgment
When is consolidation for trial allowed?
(1) Actions arise from the same act, event or transaction
(2) Involve the same or like issues and
(3) Depend largely or substantially on the same evidence
Requirements to allow a joint trial
(1) The court has jurisdiction over the cases to be consolidated
(2) A joint trial will not give one party an undue advantage or prejudice the substantial rights of any of the parties
When cases cannot be consolidated (must proceed independently of each other)
(1) The inculpatory acts complained of are dissimilar
(2) Prosecution witnesses in the pre-trial order are different for each case
(3) If it would have the effect of unduly exposing the accused to unrelated testimonies, delays, etc
Joint trial of multiple counts
- Also referred to as actual consolidation
- Several actions are combined into one and lose their separate identity and a single judgment is rendered
Examples:
- Charged with 9 cases of same offense
- When there is only one offended party, one accused and an identical offense committed in substantially the same way over the same period
Procedure for Consolidation
- For newly-filed cases:
(1) Office of the Prosecutor files a Motion for Consolidation
(2) Executive Judge shall cause the raffle to only 1 court which shall then resolve said motion preferably:
(a) On the date of arraignment
(b) Before the accused and counsel
- For pending cases with multiple accused:
(1) When the subsequent case is filed accompanied with the motion for consolidation, it shall no longer be raffled
(2) The case shall be assigned directly to the court where the earlier case is pending by the Executive Judge
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