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CJS 101 Chapter 3

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CJS 101 Chapter 3

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© © All Rights Reserved
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CRIMINAL JUSTICE SYSTEM

• In United States, the CJS initially made up of 3 key


components – the police, the courts and
corrections.
• Philippines on the other hand is an influence of US
criminal justice system. But it added 2 additional
pillars. These 5 pillars are police, prosecutor,
courts, corrections and community.
BASIC FUNCTIONS AMONG
THE PILLARS IN THE CJS
• The word police originated from the Greek word
“politeia” meaning government of a city. It is applied to
civil officers and not necessarily for policeman.
• The Romans changed the word slightly to “politia”.
• The French changed the word to “police” and applied it
to person who actually enforces the law.
• The American borrowed the word intact form the French
and used it to describe a “law enforcer”
•1901 - ACT no. 175 of the Philippine
Commission established the Philippine
Constabulary on August 8, 1901.
•1917 - on December 17, 1917, Brigadier
General Rafael Crame from Rizal
Province, became the first Filipino Chief
of the Philippine Constabulary.
• 1938 - The Philippine Constabulary became the
existing and organized national police force of the
country pursuant to Commonwealth Act no. 343 dated
June 23, 1938 and EO no. 389 dated December 23,
1950. This decree integrated local police forces into
the Philippines Constabulary operational and
organizational set up.
• 1966 - Congress enacted RA no. 4864, the “Police Act
of 1966”. This law also created the Police Commission
(POLCOM).
• 1972 - The POLCOM was reorganized as the
National Police Commission.
• 1975 - PD 765 was enacted. This law is called the
Police Integration Law of 1975. The Integrated
National Police was established with the
Philippine Constabulary as nucleus under the
Department of national Defense. The NAPOLCOM,
originally under the office of the President was
transferred to the Ministry of National defense.
• 1989 - Executive order 379 placed the Integrated
National Police directly under the command, supervision
and control of the President. This order vested the
NAPOLCOM with the powers of administrative control
and supervision over the Integrated National Police.
• 1990 - RA 6975 was passed on December 13, 1990
establishing the Philippine National Police under a
reorganized Department of the Interior and Local
Government (DILG). A new National Police Commission
was created under the DILG.
• 1998 - congress passed into law RA no. 8551 on
February 25, 1998, otherwise known as the
Philippine National Police reform and
reorganization act of 1998. This act strengthened
and expanded NAPOLCOM’s authority over the
PNP to include administration of police entrance
examination and conduct pre-charge
investigation against police anomalies and
irregularities and summary dismissal of erring
police members.
• The Americans established the United States Philippine
Commission headed by General Howard Taft.
• He is the first governor-general.
• On January 9, 1901, the Metropolitan
Police Force of Manila was organized pursuant to Act No
70 of the Taft Commission. This has become the basis for
the celebration of the anniversary of the Manila’s Finest
every January 9th.
• ACTNO 175 – entitled “An Act Providing for the
Organization and Government of an Insular
Constabulary”, enacted on July 18, 1901.

Henry T. Allen - Captain of the 6th US Cavalry, a


graduate of West Point class 1882. Father of the
Philippine Constabulary. The first Chief of the
Philippine Constabulary in 1901.
• ACT NO 183 - created the Manila Police Department,
enacted on July 31, 1901.
CAPT GEORGE CURRY - the first chief of police of the
Manila Police Department in 1901.
Act No 255 – the act that renamed the Insular
Constabulary into Philippine Constabulary,
enacted on October 3, 1901
Executive Order 389 – ordered that the Philippine
Constabulary be one of the four services of the Armed
Forces of the Philippines, enacted on
December 23, 1940.
• RA 4864 – otherwise known as the Police
Professionalization Act of 1966, enacted on
September 8, 1966; created the Police Commission
(POLCOM) as a supervisory agency to oversee the
training and professionalization of the local police
forces under the Office of the President; later
POLCOM was renamed into National Police
Commission (NAPOLCOM).
• PD 765 – otherwise known as the Integration Act of
1975,enacted on August 8, 1975;
established the Integrated National Police (INP)
composed of the Philippine Constabulary (PC)
as the nucleus and the integrated local police forces as
components, under the Ministry of National Defense
• Transferred the NAPOLCOM from the Office of the
President to the Ministry of National Defense
• Executive Order No 1012 – transferred to the city and
municipal government the operational
supervision and direction over all INP units assigned within
their locality; issued on July 10, 1985

Executive Order No 1040 – transferred the administrative


control and supervision of the INP
from the Ministry of National Defense to the National
Police Commission
• RA 6975 – otherwise known as the Department of the
Interior and Local Government Act of 1990,
enacted on December 13,1990; reorganized the
DILG and established the Philippine National Police,
Bureau of Fire Protection, Bureau of Jail
Management and Penology and the Philippine Public
Safety College.
RA 8551 – otherwise known as the Philippine National
Police Reform and Reorganization Act
of 1998, enacted on February 25, 1998; this law
amended certain provisions of RA 6975.
THE PILLAR
2nd

PROSECUTION
3 Main Functions of the
Prosecution Pillar

To conduct To conduct
Preliminary Inquest
Investigation Proceeding

To act as the
lawyer of the
state in
criminal
prosecution
Philippine Prosecution System

● Adversarial – a system of prosecution otherwise known as


accusatorial which is being is being adopted by most countries
who have common laws , whereby the victim or his
representative have the primary responsibility for finding and
presenting evidence to the court. The judge listens to the
accusation and determines the applicable punishment to the
accused .
● Inquisitorial this is used in some continental countries
wherein the judge searches the facts , listens to witnesses be
taken and investigate to proved the guilt or innocence of the
accused .

● Mixed System it adopts both inquisitorial and accusatorial,


where the victim or his representatives provides the facts,
evidence and testimony of witnesses to prove the guilt of the
accused. The judge will investigate and determine the guilt of
the accused beyond reasonable doubt and its moral
certainty.
Ombudsman (OMB) as Special Prosecutor
Formerly known as the Tanodbayan, the OMB is created
under Section 5, Article XI of the 1987 Constitution.
Mandate: (RA 6770), the Ombudsman Act of 1989
Powers and Functions:
• Fact-finding investigation
• Administrative Adjudication
• Preliminary Investigation
• Prosecution
• Public Assistance
• Enhance efficiency, effectiveness, transparency,
accountability, and responsiveness.
The Department of Justice (DOJ)
The Department of Justice (DOJ) obtains its functions
from Executive Order No. 292 (Administrative Code of 1987).
Its mandate is to uphold the rule of law and ensure the
effective and efficient administration of justice. It is the
principal law agency and legal counsel of the government. It
is headed by the Secretary of Justice, assisted by three
Undersecretaries, three Assistant Secretaries, the Chief State
Prosecutor, the Chief State Counsel, the Bureau of
Corrections, the Board of Pardons and Parole, and Support
Services namely the Technical Staff, Financial and
Management Service, Administrative Service and Management
Service Office.
National Prosecution Service (NPS)
Assists the Secretary of Justice in the performance of
powers and functions of the Department relative to its role as
the prosecution arm of the government, particularly
investigation and prosecution of all criminal cases, except
those under the exclusive jurisdiction of the office of the
Ombudsman.
Officially constituted on April 11, 1978, with the
issuance of Presidential Decree No. 1275 by late President
Ferdinand Marcos Sr. The NPS consists of the Office of the
Chief State Prosecutor and the offices of the Regional State
Prosecutor, Provincial, and City Prosecutors. It likewise
abolished the position title of “fiscal” to “prosecutor” to reflect
more accurately the position’s basic functions.
National Prosecution Service (NPS)
In the passage of RA No. 10071, An Act Strengthening
and Rationalizing the National Prosecution Service. The Act
changes the title Chief State Prosecutor into Prosecutor
General who heads the National Prosecution Service.
Prosecutor General is assisted by five Senior Deputy
State Prosecutors (Formerly Assistant Chief State Prosecutors)
and a host of Senior Assistant State Prosecutors, Assistant
State Prosecutors, and Prosecution Attorneys. Regional,
Provincial, and City Prosecution Offices remain the same as
constituted in PD No. 1275.
The role of the government’s premier prosecution arm
was reaffirmed and fortified under Republic Act No. 10071.
Note: The NPS is under the supervision and control of the DOJ, NPS is considered
as the prosecutorial arm of the government.
1. To conduct Preliminary Investigation
2. To make proper recommendation during Inquest of a case
3. To represent the government of state during the prosecution
of a case
4. To act as a Law Officer of the province or city in the absence of
Legal officer
5. To investigate Administrative Cases filed against State
Prosecutor
WHO MUST PROSECUTE CRIMINAL
ACTION?
• All criminal action either commenced by complaint or by
information shall be prosecuted under the direction and
control of a public prosecutor.

• The private prosecutor may be authorized in writing by the Chief of the Prosecution
Office or the Regional State Prosecutor to prosecute the case subject to the approval of
the court.
PRELIMINARY INVESTIGATION
• Rule 112 of the Revised Rules of Criminal Procedure

• Section 1. Preliminary investigation defined; when required. –


Inquiry or proceeding to determine whether there is a sufficient
ground to engender a well founded belief that a crime has been
committed and the respondent is probably guilty thereof, and
should be held for trial.

• NOTE: A prosecutor does not determine the guilt or innocence


of the accused but merely determines the existence of “probable
cause”
KINDS OF DETERMINATION OF
PROBABLE CAUSE
• The “Executive” determination – made by the
prosecutor during preliminary investigation and by and
officer when arresting under hot pursuit arrest.

• The “Judicial” determination – made by the judge to


ascertain whether a warrant of arrest and search
warrant should be issued against the accused.
PURPOSE/OBJECTIVE OF PI:
• To protect the innocent against hasty, oppressive
and malicious prosecution
• To secure the innocent from an open and public
accusation of trial
• To protect the state from useless and expensive
trials
WHO CONDUCTS PRELIMINARY
INVESTIGATION
• Provincial or City Prosecutors and their assistants;
• National and Regional State Prosecutors;
• Judges of the Municipal Trial Courts and Municipal Circuit Trial
Court; and
• Other officers as may be authorized by law.

• Ex. Ombudsman – over administrative cases filed against


government officers or employees and can impose
administrative penalities
PRELIMINARY INVESTIGATION
PROCESS
1. Filing of the complaint/sworn complaint-affidavit
of the complainant with supporting documents

• address of the respondents;


• the affidavits of the complainant;
• the affidavits of his witnesses, and
• Other supporting documents.
“a process directed to a person
2. Dismissal of the complaint orrequiring
issuance of a subpoena
him or her to attend and
• From the filing of the complaint, the investigating
to testify at the hearing or officer
the trial
has ten (10) days within which of
toandecide
action, or at any of
which investigation
the
conducted by a competent
following option to take: authority, or for the taking of his or
• To dismiss the complaint – no ground to conduct the
her deposition”
investigation
• To issue a subpoena to the To required the respondents to file
respondent – in case he
his counter-affidavit within ten (10)
finds the need to continue with the receipt
days from investigation
of the subpoena
(accompanied w/ a copy of the complaint and its
and the complaint
supporting affidavits and documents)
PRELIMINARY INVESTIGATION
PROCESS
3. Filing of counter-affidavit by the respondent
• Within ten (10) days from receipt of the subpoena, he is
required to submit his counter-affidavit, the affidavit of his
witnesses and the supporting documents relied upon for his
defense

NOTE: when the respondents does not submit his counter-


affidavit within the ten-day period granted him, the
investigating officer shall resolve the complaint based on the
evidence presented by the complainant.
PRELIMINARY INVESTIGATING
PROCESS
4. The prosecutor may set a clarificatory hearing if
necessary
• Within ten (10) days from the submission of the
counter-affidavit, other affidavits and documents filed
by the respondents, or within ten (10) days from the
expiration of the period for their submission, a hearing
may be set by the investigating officer, if there are
facts and issues to be clarified either from a party or a
witness. (the hearing shall be terminated within 5 days)
PRELIMINARY INVESTIGATION
PROCESS

5. Determination by the investigating


officer
•Within ten (10) days from the termination of
the investigation, the investigating
prosecutor prosecutor shall determine
whether or not there is sufficient ground to
hold the respondent for trial.
5.1 Resolution of investigator prosecutor

• If finds probable cause to hold the


respondent for trial – he shall prepare both
the resolution and information.
• If he
COMPLAINT
does not find
– is a sworn written
probable
An cause – he
accusation shall
in writing
statement charging a person with an charging a person with an
recommend the dismissal
offense, subscribed by the offended of the complaint
offense, subscribed by the
party, or any public officer charged
with the enforcement of the law
VS prosecutor and filed with the
violated court.
Complaint VS Information

Complaint Information

Subscribed by: The offended party, any peace officer or The prosecutor.
other officer charged with the
enforcement of the law violated.

Where to file: Either in the court or the Prosecutor’s Court.


office.

Requirements: Must be made under oath. Need not be under


oath.
PRELIMINARY INVESTIGATION
PROCESS
5. 2 Need for approval before filing or dismissal
• Within five (5) days from his resolution, he shall forward the
record of the case to the provincial or city prosecutor or chief
state prosecutor, or to the Ombudsman or his deputy in
cases of offenses cognizable by the Sandiganbayan in the
exercise of its original jurisdiction.
• They shall act on the resolution within ten (10) days from
their receipt thereof and shall immediately inform the parties
of such action
PRELIMINARY INVESTIGATION
PROCESS
• Rule when recommendation for dismissal is disapproved

• Where the investigating prosecutor, recommends the dismissal


of the complaint but his recommendation is disapproved by
the provincial or city prosecutor or chief state prosecutor or the
Ombudsman or his deputy on the ground that a probable
cause exists, the latter, may by himself, file the information
against the respondents, or direct another assistant prosecutor
or state prosecutor to do so without conducting another
preliminary investigating
COMPLAINT SUBPOENA COUNTER CLARIFICATORY RESOLUTION
OR DISMISS AFFIDAVIT HEARING
PRELIMINARY INVESTIGATION
PROCESS
• WHEN NOT REQUIRED?

• In cases of lawful warrantless arrest – “INQUEST


PROCEEDING”
• Waiver of article 125 of the RPC in writing, signed by the
accused in the presence of counsel.
• Art.125. DELAY IN THE DELIVERY OF DETAINDED PERSONS
TO THE PROPER JUDICIAL AUTHORITIES
• 12 hours – light penalties
• 18 hours – correctional penalties
• 36 hours – afflictive or capital penalties
INQUEST PROCEEDING
•IsVALID
conducted
– filing ofwhen a person is lawfully arrested
case in court
without
 SUFFICIENTa warrant
EVIDENCE involving even
but the arrest also an offense
is illegal/questionable
– for further
which requiresinvestigation
a preliminary investigation
INSUFFICIENT EVIDENCE but the arrest is legal – for further
• Itinvestigation
is formal and summary and its purpose is to
determine
 whether without
ARRESTED ILLEGALLY or notsufficient
the person
evidencedetained
– release
should remain under custody and then charged in
court.
END OF
PRESENTATION
PRESENTED BY: Mr. Mark Anthony Santos, RCRIM
COURT PILLAR
COURT
• Is the government body
officially assembled under the
authority of law at the
appropriate time and place for
the administration of justice
through which state enforce
its sovereign rights and
powers
JUDGE
• A public officer so named in his written evidence of
appointment (commission) assigned to preside
over and to administer the law in a court of justice.

• Make sure that attorneys (prosecutors or defense)


play by rules of the game, so to speak

• Who determines the guilt or innocence of the


accused
FUNTIONS OF THE COURT
1. To protect the rights of the accused
2. To determined by all legal means whether a
person is guilty of a crime
3. To protect the society
4. To prevent and reduce criminal behavior
5. Administrative role
VENUE
•Refersto the place, location or site
where the case is to be heard on its
merits
JURISDICTION
•The authority of the court to
hear and try a particular offense
and to impose the punishment
provided by the law
KINDS OF JURISDICTION
1. JURISDICTION OVER THE SUBJECT
MATTER
2. JURISDICTION OVER THE OFFENSE
3. JURISDICTION OVER THE PERSON OF THE
ACCUSED
4. JURISDICTION OVER TERRITORY
KINDS OF JURISDICTION
1. JURISDICTION OVER THE SUBJECT MATTER

it is the power to hear, determined and


decide the case on its nature as determined by
laws.
KINDS OF JURISDICTION
2. JURISDICTION OVER THE OFFENSE

It is the power to hear, determine and


decide the case based on its imposable
penalty.
KINDS OF JURISDICTION
3. JURISDICTION OVER THE PERSON OF THE
ACCUSED

It is the power to hear, determine and


decide the case when the person is brought to
court either by virtue of arrest or by his
voluntary submission.
KINDS OF JURISDICTION
4. JURISDICTION OVER TERRITORY

It is the power to hear, determine and


decide the case when the act is committed or
any of its essential elements occurred within
its territory.
COURTS IN THE PHILIPPINES
1. REGULAR COURTS
2. SPECIAL COURTS
3. COLLEGIATE COURTS
4. LOWER COURTS
REGULAR COURT
- The highest Court in the Philippines.
- Court- ofJurisdiction
final appealover
that criminal
affirms, modifies, affirmsthe
cases where or imposable
- Vestedreverse judgement
with jurisdiction of lower
over
penalty is more courts.
appeals
than fromofthe
six years imprisonment
decisions of -theIf Regional
the caseTrial
are Courts and certain
not within the jurisdiction of any other
quasi-judicial agencies, boards
courts, the same orlodge
commissions.
with the RTC
1. Supreme court
- Jurisdiction over criminal cases where the imposable
2. Court of Appeals penalty is six years of imprisonment or below
- If it covers only one municipality
3. Regional Trial Courts ( formerly known as court of first
instance) - If it covers two or more municipalities.

- Municipal Trial Court in the towns and cities in the


4. Municipal Trial Courts (formerly known
Metropolitan
-
as inferior courts)
Manila area (NCR)
The equivalent of the Municipal Trial Court outside
5. Municipal Circuit Trial Court Metropolitan Manila are referred to as Municipal
Trial Courts in Cities.
6. Metropolitan Trial Courts
7. Municipal Trial Court in Cities
- Exclusive appellate jurisdiction over
SPECIAL COURTS appeals from the decisions of the
- HasCommissioner
exclusive jurisdiction over violations
of Internal Revenue and of
thetheAnti-Graft
Commissioner and ofCorrupt
CustomsPractices
on certainAct
1. Court of Tax Appeals
-(Republic
Equivalent to the
Act
specific issues. No. Regional Trial Unexplained
3019), the Courts in
rank
Wealth Act (Republic Act No. 1379) and other
2. Sandiganbayan- crimesEstablished
Equivalent
or to inthe
certain
Municipal
felonies specified
Circuit
committed provinces
Trial
by Courts
public
inofficials
Mindanao where the Muslim Code on
3. Shari’a District Courts and employees in relation to their
Personal
office, Laws is being those
including enforced.employees in
4. Shari’a Circuit Courts
government-owned or controlled corporations
COLLEGIATE COURTS
1. Supreme Court
2. Court of Appeals
- - Composed of one Chief Justice and fourteen
One Presiding Justice and sixty eight
Associate
- Associate
One Justices
Presiding Justice 14 Associate
3. Sandiganbayan - PresidingJusticesJudge and two AssociateJustices
Judges

4. Court of Tax Appeals


LOWER COURTS
1. Court of Appeals
2. Sandiganbayan
3. Court of Tax Appeals
4. Regional Trial Courts
5. Metropolitan Trial Courts
6. Municipal Trial Court in Cities
7. Municipal Trial Courts
8. Municipal Circuit Trial Court
9. Shari’a District Courts
10. Shari’a Circuit Courts
WHERE SHALL CRIMINAL ACTIONS BE
INTITUTED?
• Rule110 of The Revised - Office
Rules of the Procedure
of Criminal public
Section 1. Institution of prosecutor/fiscal’s
criminal actions. –office
Criminal
actions shall be instituted as follows:

(a) For offenses where a preliminary investigation is


required pursuant to section 1 of rule 112, by filing the
complaint with the proper officer for the purpose of
conducting the requisite preliminary investigation.
WHERE SHALL CRIMINAL ACTIONS BE
INTITUTED?
• Rule 110 of The Revised Rules of Criminal Procedure
Section 1. Institution of criminal actions. – Criminal actions shall be
instituted as follows:
(b) For all other offenses, by filing the complaint or information directly with
the Municipal Trial Courts and Municipal Circuit Trial Court, or the complaint
with the office of the prosecutor.

In Manila and other chartered cities, the complaint shall be filed with the
office of the prosecutor unless otherwise provided in their charters
COURT PROCEEDING
COURT PROCEEDING
1. Arraignment and Plea
2. Pre-Trial
3. Trial
4. Judgement
5. New trial or Reconsideration
6. Appeal
ARRAIGNMENT AND PLEA
• Section 1. Arraignment and plea; how made. –
• (a) The accused must be arraigned before the court where
the complaint or information was filed or assigned for
trial. The arraignment shall be made in open court by the
judge or clerk by furnishing the accused with a copy of the
complaint or information, reading the same in the
language or dialect known to him, and asking him
whether he pleads guilty or not guilty.
WHEN IS PLEA CONSIDERED NOT
GUILTY?
• When
TAKEthe accused refuses to plead or makes a
NOTE!
conditional plea,
• The accused a be
must plea of atnot
present the guilty shall be
arraignment
andfor
entered must
him.personally enter his plea. Both
arraignment and plea shall be made of record,
• Whenbutthe accused
failure pleads
to do so shall guilty
not affect the but presents
validity of
exculpatory evidence, his plea shall be deemed
the proceedings
withdrawn and a plea of not guilty shall be
entered for him
Pre – Trial
• It shall be held within thirty (30) days after arraignment

• Plea bargaining
• Stipulation of facts
• Marking or identification of evidence
• Waiver of objections to admissibility of evidence
• Modification of the order of trial
• Such matter as will promote a fair and expeditious trial
of the criminal and civil aspects of the case.
TRIAL (ORDER OF TRIAL)
• A) The prosecution shall present evidence to
prove the charge and, in the proper case, the civil
liability. (Direct exam-cross examination/ re-direct
– re-cross)
• B) The accused may present evidence to prove his
defense, and damages, if any, arising from the
issuance of a provisional remedy in the case.
PROSECUTION
• Direct examination – public
prosecutor
• Cross examination – defense
lawyer
• Re-direct examination – public
prosecutor
• Re-cross examination – defense
lawyer
TRIAL (ORDER OF TRIAL)

•C)The prosecution and the defense may, in


that order, present rebuttal and sur-rebuttal
evidence unless the court, in furtherance of
justice, permits them to present additional
evidence bearing upon the main issue.
• D) Upon admission of the evidence of the parties,
the case shall be deemed submitted for decision
unless the court directs them to argue orally or to
submit written memoranda.

• E)When the accused admits the act or omission


charged in the complaint or information but
interposes a lawful defense, the order of trial may
be modified
JUDGEMENT
• Adjudicationby the court that the accused is guilty or
not guilty of the offense charged and the imposition
on him of the proper penalty and civil liability, if any.

It must be written in the official language, personally


and directly prepared by the judge and signed by him
and shall contain clearly and distinctly a statement of
the facts and the law upon which it is based
CONTENTS OF JUDGEMENT
• a) If the judgement is conviction, it shall state
1. The legal qualification of the offense constituted by
the acts committed by the accused and the aggravating and
mitigating circumstances w/c attended its commission;

2. The participation of the accused (principal,


accomplice, accessory)
CONTENTS OF JUDGEMENT
• a) If the judgement is conviction, it shall state
3. The penalty imposed to the accused;

4. The civil liability or damages caused by his wrongful


acts or omission to be recovered from the accused by the
offended party, if there is any.
CONTENTS OF JUDGEMENT
• a) If the judgement is acquittal, it shall state

Whether the evidence of the prosecution


absolutely failed to prove the guilt of the accused or
merely failed to prove his guilt beyond reasonable
ground.

NOTE: in either case, the judgement shall determine if


the acts or omission from which the civil liability might
arise did not exist.
WHEN JUDGEMENT OF CONVICTION IS
FINAL?
• After the lapse of 15 days to appeal;
• When the accused waived his right to appeal;
• When the accused applies for probation;
• When the case is decided with finality by the Supreme
Court and the to file motion to reconsideration is closed.
NEW TRIAL AND MOTION FOR RECONSIDERATION

•Atany time before a judgement of conviction


becomes final, the court may, on motion of the
accused or at its own instance but with the
consent of the accused, grant a new trial or
reconsideration.
Ground for new trial
• (a)
The errors of law or irregularities prejudicial to the
substantial rights of the accused have been committed
during the trial;

• (b) The
new and material evidence has been discovered
which the accused could not with reasonable diligence
have discovered and produced at the trial and which if
introduced and admitted would probably change the
judgement.
GROUNDS FOR RECONSIDERATION

•Errors of law or fact in the judgement,


which requires no further proceedings
APPEAL
• Any party may appeal from a judgement or final order, unless the accused
will be place in double jeopardy.

(a) To the Regional Trial Court, in cases decided by the Metropolitan


Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal
Circuit Trial Court;

(b) To the Court of Appeals or to the Supreme Court in the proper


cases provided by law, in cases decided by the Regional Trial Court; and

(c) To the Supreme Court, in cases decided by the Court of Appeals.


WHEN APPEAL TO BE TAKEN
• An appeal must be taken within fifteen (15) days from
promulgation of the judgement or from notice of he final order
appealed from. This period for perfecting an appeal shall be
suspended from the time a motion for new trial or
reconsideration is filed until notice of the order overruling the
motion shall have been served upon the accused or his counsel
at which time the balance of the period begins to run
END OF PRESENTATION
GOOD LUCK AND GOD BLESS

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