MODULE IN CRCLJ 101

How warrant of arrest executed?

The head of the office to which the warrant of arrest was delivered for execution shall
cause the warrant to be executed within 10 days from its receipt. Within 10 days after
the expiration of the period, the officer to whom it was assigned for execution shall
make a report to the judge who is issued the warrant. In case of the failure to execute
the warrant, he shall state the reason.
NOTE: A WARRANT OF ARREST HAS NO EXPIRY DATE. IT REMAINS VALID UNTIL
ARREST IS EFFECTED OR THE WARRANT IS LIFTED.

WHENN WARRANTLESS ARREST OR ARREST WITHOUT WARRANT IS

PERMITTED
1. In his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
2. An offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be
arrested has committed it; and
3. The person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped while being transferred from
one confinement to the another.

In cases falling under paragraphs 1 and 2, the person arrested without warrant
shall be delivered to the nearest police station or jail and shall be proceeded against in
accordance with section 7 of rule 112.

NOTE:
THE GENERAL RULE AS REGARDS ARREST, SEARCHES AND SEIZURE IS THAT A
WARRANT IS NEEDED IN ORDER TO VALIDLY EFFECT THE SAME. THE
CONSTITUTIONAL PROHIBITION AGAINST UNREASONABLE ARREST, SEARCHES
AND SEAIZURE MAY REFER TO THOS EFFECTED WITHOUT A VALIDLY ISSUED
WARRANT. HENCE, THE DOCTRINE IS THAT A WARRANT OF ARREST IS
REQUIRED BEFORE AN ARREST IS MADE. A WARRANTLESS ARREST ARE THE
EXCEPTIONS.
THERE ARE OTHER GROUNDS FOR A WARRANTLESS ARREST. SUCH GROUNDS
ARE THE FOLLOWING
A. WHEN A PERSON PREVIOUSLY LAWFULLY ARRESTED ESCAPE.
 B. WHEN ACCUSED ATTEMPTS TO LEAVE THE COUNTRY WITHOUT
PERMISSION OF THE COURTS.

RIGHTS OF ARRESTING OFFICER TO BREAK INTO AND BREAKOUT

A. THE RIGHT OF OFFICER TO BREAK INTO THE BUILDING OR ENCLOSURE

AN OFFICER, IN ORDER TO MAKE AN ARREST EITHER BY VIRTUE

OF A WARRANT OR WITHOUT WARRANT AS PROVIDED IN SECTION
5, MAY BREAK INTO A BUILDING OR ENCLOSURE WHERE THE TO
BE ARRESTED OIS OR IS REASONABLY BELIEVED TO BE, IF HE IS
REFUSED ADMITTANCE THERETO, AFTER ANNOUNCING HIS
AUTHORITY AND PURPOSE.

REQUISITES:
1. THAT THE PERSON TO BE ARRESTED IS OR REASONABLY
BELIEVED TO BE IN THE BUILDING
2. THAT HE ANOUNCED HIS AUTHORITY AND PURPOSE FOR
ENTERING THEREIN
3. HE HAD BEEN DENIED ADMITTANCE

What is search?

The term search refers to the examination of an individual’s person, house, papers
or effects, or other buildings and premises to discover contraband or some evidence of
guilt to be used in the prosecution of a criminal action.

SEARCH WARRANT?
A SEARCH WARRANT IS AN ORDER IN WRITING ISSUED IN THE NAME OF THE
PEOPLE OF THE PHILIPPINES, SIGNED BY A JUDGE AND DIRECTED TO A PEACE
OFFICER COMMANDING HIM TO SEARCH FOR PERSONAL PROPERTY
DESCRIBED THERIN AND BRING IT BEFORE THE COURT
ELEMENTS OF SEARCH WARRANT
1. WRITTEN ORDER
2. SIGNED BY THE JUDGE IN THE NAME OF THE PEOPLE OF PHILIPPINES
3. COMMANDING A PEACE OFFICER TO SEARCH PERSONAL PROPERTY
4. TO SEIZE AND BRING SUCH PERSONAL PROPERTY TO THE COURT.
What personal properties may be the objects of search warrant?

1. Properties subject of offense;

2. Stolen, embezzled, and other proceeds, or fruits of the offense;
3. Used or intended to be used as a means of committing an offense;
4. Any items that are illegal per se.

Application of search warrant

All application for search warrant shall be approved for filing by the Chief of Police.
The application shall indicate the following data:

1. Office applying for search warrant;

2. Name of officer applicant;
3. Name of subject, if known;
4. Address/place(s) to be search;
5. Specific statement of things/articles to be seized; and
6. Sketch of the place to be searched.

Court where application for search warrant shall be filed

Application for search warrant shall be filed with the following:

1. Any court within whose territorial jurisdiction a crime was committed.

2. For compelling reasons stated in the application, any court within the judicial region
where the crime was committed if the place of the commission of the crime is known, or
any court within the judicial region where the warrant shall be enforced. However, if the
criminal action has already been filed, the application shall only be made in the court
where the criminal action is pending.

Requisites for the issuance of a search warrant

A search warrant is issued only upon probable cause in connection with one specific
offense to be determined personally by the judge after examination under oath
or affirmation of the complainant and the witnesses presented. The search
warrant particularly describes the place to be searched and the things to be seized
which may be anywhere in the Philippines.

Validity of search warrant

The warrant is valid for ten (10) days from the date of its issuance. Thereafter, it
shall be void. If, in the implementation of the search warrant, its object or purpose
cannot be accomplished in one day, the search can be continued the following day, or
days, until completed, provided it is still within the ten (10) day validity period of the
search warrant.

If the object or purpose of the search warrant cannot be accomplished within the
ten (10) day validity period , the responsible police officer conducting the search must
file, before the issuing court, an application for the extension of the validity period of
said search warrant.

Time of search

The warrant must direct that it be served in the day time, unless the affidavit asserts
that the property is on the person or in the place ordered to be searched, in which case
a direction may be inserted that it be served at any time of the day or night.

Valid search and seizure without warrant

1. Search made incidental to a valid arrest

A person lawfully arrested may be searched without warrant for dangerous

weapons or anything which may be used or which may constitute proof in the
commission
of an offense.

2. Search of moving vehicles

If the officers who will be conducting the search has reasonable or probable cause
to believe that the motorist, before the search, is law offender or they will find
the
instrumentality or evidence pertaining to a crime in the vehicle to be searched, the
vehicle
may be stopped and subjected to an extensive search.

3. Seizure of evidence in plain view

Any object in the plain view may be subjected to seizure and may be introduced as
evidence.

Requirements of plain view doctrine:

a. The police officer must have prior justification for an intrusion or, otherwise,
must be in a position from which he can view a particular area.
b. The discovery of the evidence in plain view is unintentional.
c. It is immediately apparent to the police officer that the item he observes may be
evidence of a crime, contraband, or is otherwise valid subject for seizure.
4. Searches under the stop-and-frisk rule
The designation of the right of a police officer to stop a person on the street,
interrogate him, and pat him for weapons whenever the officer has observed unusual
conduct which convince him that a criminal activity may be committed by the subject.

3RD PILLAR OF PCJS (COURT)

IN THIS STAGE OF CRIMINAL JUSTICE SYSTEM, JUDICIAL DETERMINATION OF
GUILT OR INNOCENCE OF THE ACCUSED IS UNDER CONSIDERATION.

COURT
- A TRIBUNAL PRESIDED OVER BY A JUDGE, JUDGES, OR
A MAGISTRATE IN CIVIL AND CRIMINAL CASES.
 A GOVERNMENT BODY OFFICIALLY ASSEMBLED UNDER THE
AUTHORITY OF LAW THE APPROPRIATE TIME AND PLACE FOR
ADMINISTRATION OF JUSTICE THROUGH WHICH THE STATE
ENFORCES ITS SOVEREIGN RIGHTS AND POWER
SUPREME COURT
– CREATED ON JUNE 11, 1901
 TOOK EFFECT ON THE SAME DATE
 IS COMPOSED OF A CHIEF JUSTICE AND FOURTEEN ASSOCIATE
JUSTICE.
JUDICIAL POWER
 THE JUDICIAL POWER SHALL BE VESTED IN ONE SUPREME COURT
AND IN SUCH OTHER COURTS AS MAY BE ESTABLISHED BY LAW.

 IT INCLUDES THE DUTY OF THE COURTS OF JUSTICE TO SETTLE

ACTUAL CONTROVERSIES INVOLVING RIGHTS WHICH ARE LEGALLY
DEMANDABLE AND ENFORCEABLE.

FUNCTION OF COURT
 KEEPING THE PEACE
 DECIDING CONTROVERSIES
 ADMINISTRATIVE ROLE

DIFFERENT JUDICIAL COURT IN THE PHILIPPINES

 SC
 CA
 SANDIGANBAYAN
 RTC
 MTC
 FAMILY COURT
  SHARI’A COURT
NOTE: BARANGAY COURT IS NOT AMONG THOSE JUDICIAL COURT

CRIMINAL JURISDICTION
 IS THE AUTHORITY TO HEAR AND TRY PARTICULAR OFFENSE AND
IMPOSE THE PUNISHMENT FOR IT. CRIMINAL JURISDICTION IS
ESSENTIAL BECAUSE WITHOUT THIS THE COURT CANNOT HEAR, TRY
AND DECIDE TO A PARTICULAR CASE.
REQUISITES FOR VALID EXERCISE OF CRIMINAL JURISDICTION
1. JURISDICTION OVER THE SUBJECT MATTER – THE OFFENSE, BY VIRTUE
OF THE IMPOSIBLE PENALTY OR ITS NATURE, IS ONE WHICH THE COURT
IS BY LAW AUTHORIZED TO TAKE COGNIZANCE.
IMPOSIBLE PENALTY - THE PENALTY PRESCRIBED BY LAW FOR THE
OFFENSES CHARGED AND NOT THE PENALTY ACTUALLY IMPOSED ON THE
ACCUSED AFTER THE PLEA OF GUILTY ON TRIAL.
COGNIZANCE - TO TAKE NOTICE OF AND CONSIDER SOMETHING, ESPECIALLY
WHEN JUDGING
NOTES:
 TO DETERMINE THE COURTS JURISDICTION OVER THE SUBJECT
MATTER, THE LAW ENFORCE SHOULD BE LOOKED INTO. BE GUIDED OF
THE FOLLOWING QUESTIONS:
1. DOES THE LAW CONFER JURISDICTION OVER COURT TO HEAR CASE?
2. DOES THE COURT HAVE JURISDICTION OVER THE OFFENSE BY
VIRTUE OF THE IMPOSIBLE PENALTY?
 REMEMBER THAT UNDER THE LAW, OFFENSES PUNISHABLE BY
IMPRISONMENT OF NOT MORE THAN 6 YEARS IS COGNIZABLE BY THE
MTC WHEREAS, THOSE THAT MORE THAN 6 YEARS ARE UNDER THE
JURISDICTION OF THE REGIONAL TRIAL COURT

JURISDICTION OVER THE TERRITORY – THE OFFENSE MUST HAVE BEEN

COMMITTED OR ANY OF ITS ESSENTIAL INGREDIENTS TOOK PLACE WITHIN
THE TERRITORIAL JURISDICTION OF THE COURT. IT CANNOT BE WAIVED AND
WHERE THE WHERE THE PLACE MAY BE SHOWN BY EVIDENCE.
NOTES:
 THE QUESTION TO BE ASKED HERE IS WHETHER OR NOT ACTION HAS
BEEN FILED WITHIN THE TERRITORIAL JURISDICTION OF THE COURT.
 REMBER THAT IN CRIMINAL PROCEDURE, THE PLACE WHERE THE
CRIME IS COMMITTED CONFERS THE COURT TERRITORIAL
JURISDICTION OVER THAT CASE.

 JURISDICTION OVER THE TERRITORY REFERS TO VENUE OR THE PLACE

WHERE IS THE CASE IS TO BE TRIED. THE ACTION SHOULD BE
INSTITUTED AND TRIED IN THE MUNICIPALITY AND TERRIROTY WHERE
OFFENSE HAS BEEN COMMITTED OR WHERE ANY ONE OF THE
ESSENTIAL INGREDIENTS THEREOF TOOK PLACE.

 IT HAS BEEN CONSISTENTLY HELD BY THE SUPREME COURT THAT FOR

TRANSITORY OR CONTINUING OFFENSE THE COURT OF THE
TERRITORIES WHERE THE ESSENTIAL INGREDIENTS OF THE CRIME
TOOK PLACE HAVE CONCURRENT JURISDICTION. THE FIRST COURT
TAKING COGNIZANCE OF THE CASE WILL EXCLUDED OTHERS.

 FOR THOSE COMPLEX CRIME, JURISDICTION OVER THE WHOLE

COMPLEX CRIME LODGED WITH THE TRIAL COURT HAVING
JURISDICTION TO IMPOSED THE MAXIMUM AND MOST SERIOUS PENALTY
IMPOSIBLE OF AN OFFENSE FORMING PART OF THE COMPEX CRIME.

COMPLEX CRIME - WHEN A SINGLE ACT CONSTITUTES TWO OR MORE GRAVE

OR LESS GRAVE FELONIES, OR WHEN AN OFFENSE IS A NECESSARY MEANS
FOR COMMITTING THE OTHER, THE PENALTY FOR THE MOST SERIOUS CRIME
SHALL BE IMPOSED, THE SAME TO BE APPLIED IN ITS MAXIMUM PERIOD.

JURISDICTION OVER THE PERSON OF THE ACCUSED – THE PERSON CHARGED

WITH THE OFFENSE MUST HAVE BEEN BROUGHT TO ITS PRESENCE FOR
TRIAL, FORCIBLY BY WARRANT OF ARREST OR UPON HIS VOLUNTARY
SUBMISSION TO THE COURT.
NOTE:
 THIS MEANS THAT POWER OVER THE PERSON ACCUSED OF VIOLATING
THE LAW HAS BEEN LAWFULLY ACQUIRED. THIS IS EITHER BY ARREST
OR VOLUNTARY SUBMISSION TO THE COURT JURISDICTION.

CRIMINAL JURISDICTION OF VARIOUS COURTS IN THE PHILIPPINES

 1. MUNICIPAL TRIAL COURT
a. EXCLUSIVE ORIGIANL JURISDICTION OVER ALL VIOLATIONS OF
CITY/MUNICIPLAITY ORDINANCES COMMITTED WITHIN THEIR
RESPECTIVE TERRETORIAL JURISDICTION.
b. EXCLUSIVE ORIGINAL JURIDCITION OVER ALL OFFENSES
PUNISHABLE WITH IMPRISONMENT NOT EXCEEDING 6 YEARS
IRRESPECTIVE OF THE AMOUNT OF FINE, AND REGARDLESS OF
OTHER IMPOSBLE ACCESSORY OR OTHER PENALTIES, INCLUDING
THE CIVIL LIABILITY.

NOTE:
 SIX YEARS AND BELOW IS UNDER THE JURISDICTION OF MTC.
 OFFENSE PUNISHABLE BY MORE THAN SIX YEARS ARE UNDER THE
JURISDICTION OF RTC.

c. EXLUSIVE ORIGINAL JURISDICTION OVER OFFENSES INVOLVING

DAMAGE TO PROPERTY THROUGH CRIMINAL NEGLIGENCE THEY
SHALL HAVE EXLUSIVE ORIGINAL JURISDICTION THEREOF.

NOTE:

 CASE FOR “RECKLESS IMPRUDNECE RESULTING TO DAMAGE

OF PROPERTY “IS WITHIN THE JURISDICTION OF MTC.
d. CASES CLASSIFIED UNDER THE REVISED RULES ON SUMMARY
PROCEDURE
I. VIOLATION OF TRAFFIC LAWS, RUKES AND PROCEDURE
II. CASES WHERE THE PENALTY PRESCRIBE BY LAW FOR THE
OFFENSE CHARGE IS IMPRISONMENT NOT EXCEEDING 6
MONTHS OR A FINE NOT EXCEEDING P1, 000.
III. OFFENSE INVLOVING DAMAGE TO PROPERTY THROUGH
CRIMINAL NEGLIGENCE WHERE THE IMPOSIBLE FINE DOES
NOT EXCEEDING P10,000
e. VIOLATION OF BP 22
f. SPECIAL JURISDICTION TO DECIDE ON APPLICATION FOR BAIL IN
CRIMINAL CASES IN THE ABSENCE OF ALL RTC JUDGES IN THE
PROVINCE OR CITY
 2. REGIONAL TRIAL COURT

a. RTC EXCULSIVE JURISDICTION

 CRIMINAL CASES NOT WITHIN THE EXCLUSIVE JURISDICTION OF ANY
COURT, TRIBUNAL OR BODY. THESES ICLUDES CRIMINAL CASES
WHERE THE PENALTY PROVIDED BY LAW EXCEEDS 6 YEARS
IMPRISONMENT.
b. RTC APPELATE JURISDICTION
 ALL CASES DECIDED BY LOWER COURT IN THE RESPECTIVE
TERRITORIAL JURISDICTION.

3. FAMILY COURT

FAMILY COURT EXCLUSIVE AND ORIGINAL JURISDICTION

a. CRIMINAL CASES WHERE ON OR MORE OF THE ACCUSED IS BELOW 18

YEARS OF AGE BUT NOT LESS THAN 9 YEARS OF AGE.
b. PETITIONS OF GUARDIANSHIP, CUSTODY OF THE CHILDREN
c. PETITION OF THE ADOPTION OF CHILDREN AND REVOCATION THEREOF
d. COMPALINTS FOR ANNULMENT OF MARRIAGE, AND THOSE RELATING TO
MARITAL STATUS AND PROPERTY OF HUSBAND AND WIFE OR THOSE
LIVING TOGETHER UNDER DIFFERENT STATUS
e. PETITION FOR VOLUNTARY COMMITMENT OF A CHILD FOR REMOVAL OR
CUSTODY AGAINST CHILD PALCEMENT OR CHILD CARING.
f. VIOLATION OF RA 7610 (SPOCACAED) ACT AS AMENDED BY RA 7658 AND
FURTHER AMENDMENT BY RA 9231.
g. RA 9775 ANTI CHILD PORNOGRAPHY ACT OF 2009
h. CASES OF VIOLENCE AGAINST WOMEN AND THEIR CHILDREN UNDER
9262
i. CRIMINAL CASES INVOLVING JUVENILES IF NO PRELIMENARY
INVESTIGATION IS REQUIRED.

4. SHARIA’S COURT
 PRESIDENTIAL DECREE NO. 1083 CREATED THE SHARIA’S COURT,
WHICH HAVE LIMITED JURISDICTION OVER THE SETTLEMENT OF
ISSUES, CONTROVERSIES OR DISPUTES OERTAINING TO THE CIVIL
RELATIONS BETWEEN AMONG MUSLIM FILIPINOS.

DETERMINATION OF CRIMINAL JURISDICTION

  DETERMINED BY THE ALLEGATIONS IN THE COMPLAINT OR
INFORMATION NOT BY THE RESULT OR PROOF OR BY THE TRUIAL
COURTS APPRECIATION OF THE EVIDENCE PRESENTED
 DETERMINE BY THE NATURE OF THE OFFENSE AND/OR PENALTY
ATTACHED THERETO AND NOT WHAT MAY BE METED OUT AFTER
TRIAL
 DETERMINED BY THE LAW IN FORCE AT THE TIME OF INSTITUTION OF
THE CRIMINAL ACTION AND NOT AT THE TIME OF ITS COMMISSION.
ONCE VESTED, IT CONNOT BE WITHDRAWN.
BAIL
- THE ACCUSED OF A CRIME IS GENERALLY NOT REQUIRED TO BE
PLACE IN JAIL PENDING INVESTIGATION/TRIAL OF HIS CASE DUE TO
THE CONSTITUTIONAL GUARANTEE FOR THE RIGHT.
- BAIL IS DEFINED AS THE SECURITY GIVEN FOR THE RELEASE OF A
PERSON IN CUSTODY OF THE LAW, FURNISHED BY HIM OR
BONDSMAN TO GUARATEE HIS APPEARANCE BEFORE ANY COURT AS
REQUIRED UNDER THE CONDITIONS HEREINAFTER SPECEFIED. BAIL
MAY BE GIVEN IN THE FORM OF CORPORATE SURETY, PROPERTY
BOND, CASH DEPOSIT OF RECOGNIZANCE.
NOTE:
A PERSON IS ALLOWED TO FILE PETITION FOR BAIL AS SOON AS HE IS
DEPRIVED OF HIS LIBERTY BY VIRTUE OF HIS ARREST OR VOLUNTARY
SURRENDER. AN ACCUSED NEED NOT TO WAIT FOR HIS ARRAIGNMENT
BEFORE FILING THE BAIL PETITION.

BAIL WHERE TO FILE:

1. WITH THE COURT WHERE THE CASE IS PENDING OR IN THE ABSENCE
OR UNAVAILABILITY OF THE JUDGE THEREOF, WITH ANOTHER BRANCH
OF THE SAME COURT WITHIN THE PROVINCE, CITY OR MUNICIPALITY
2. WHERE THE GRANT OF BAIL IS A MATTER OF DESCRITION, OR THE
ACCUSED SEEKS TO BE RELEASED ON THE RECOGNIZANCE, THE
APPLICATION MAY ONLY FILED IN THE COURT WHERE THE CASE IS
PEDNING, WETHER ON PRELIMINARY INVESTIGATION, TRIAL OR APPEAL.
3. ANY PERSON IN CUSTODY WHOP IS NOT YET CHARGE IN COURT MAY
APPLY BAIL WITH ANY COURT IN THE PROVINCE, CITY OR MUNICIPALITY.
BAIL IS MATTER OF RIGHT: EXCEPT
ALL PERSON IN CUSTODY SHALL BE ADMITTED TO BAIL AS A MATTER OF
RIGHT WITH SUFFECIENT SURETIES OR RELEASED ON RECOGNIZANCE.
a. BEFORE AND AFTER CONVICTION BY MTC, MTC, MCTC
b. BEFORE CONVICTION BY THE RTC OF AN OFFENSE NOT PUNISHABLE
BY DEATH, RECLUSION PERPETUA, OR LIFE IMPRISONMENT.
NOTE:
IF THE BAIL IS A MATTER OF RIGHT, IT CANNOT BE DENIED ON THE
GROUNDS THAT EXIST A HIGH DEGREE OF PROBABILITY THAT THE ACCUSED
WILL BE ABSCOND OR ESCAPE. WHAT THE COURT IS CAN DO IS TO INCREASE
THE AMOUNT OF THE BAIL.

ARRAIGNMENT
- IS A FORMAL READING OF A CRIMINAL CHARGING DOCUMENT IN THE
PRESENCE OF THE DEFENDANT, TO INFORM THEM OF THE CRIMINAL
CHARGES AGAINST THEM. IN RESPONSE TO ARRAIGNMENT, IN SOME
JURISDICTIONS,
MOTION TO QUASH
- A FORMAL REQUEST MADE TO A COURT TO DECLARE A SPECIFIC
PROCEEDING, SUCH AS A SUBPOENA, AN ARREST WARRANT, OR A
LEGAL COMPLAINT, AS INVALID OR VOID.
PLEA BARGAINING
- IS AN AGREEMENT BETWEEN THE PROSECUTION AND THE
DEFENDANT WHERE THE DEFENDANT AGREES TO PLEAD GUILTY TO
THE CHARGES AGAINST THEM.
PLEA
- IS A DEFENDANT'S RESPONSE TO A CRIMINAL CHARGE. A DEFENDANT
MAY PLEAD GUILTY OR NOT GUILTY.
DOUBLE JEOPARDY
- A PERSON CANNOT BE TRIED TWICE FOR THE SAME CRIME BASED
ON THE SAME CONDUCT.
PRE TRIAL
- IS A HEARING PRIOR TO TRIAL, WHICH ALL PARTIES INVOLVED IN THE
TRIAL ATTEMPT TO DETERMINE THE ISSUES, LAWS, OR FACTS
MATTER, BEFORE THE COURT TRIAL
- PROCEDURAL DEVICE INTENDED TO CLARIFY AND LIMIT THE BASIC
ISSUES BETWEEN THE PARTIES AND TO TAKE THE TRIAL OF CASES
OUT OF THE REALM OF SURPRISE AND MANEUVERING.

PURPOSE OF PRE TRIAL

a. Plea bargaining
b. Stipulation of facts
c. Marking for identification of evidence of the parties
d. Waiver of objections to admissibility of evidence
e. Such matters as will promote a fair and expeditious trial of the criminal and
civil aspects of the case.

AGREEMENTS AND ADMISSION IN PRE TRIAL

- ALL AGREEMENTS OR ADMISSION MADE OR ENTERED DURING THE
PRE TRIAL-CONFERENCE SHALL BE REDUCED IN WRITING AND
SIGNED BY THE ACCUSED AND COUNSEL, OTHERWISE THEY CANNOT
BE USD AGAINST THE ACCUSED.
NOTE:
THE AGREEMENTS COVERING THE MATTERS OF PRE TRIAL-UNDER
SECTION 1 OF RULE 118 SHALL BE APPROVED BY THE COURT.

NONE APPEARANCE AT PRE TRIAL-CONFERENCE

IF THE COUNSEL FOR THE ACCUSED OR THE PROSECUTOR DOES NOT
APPEAR AT THE PRE -TRIAL CONFERENCE AND DOES NOT OFFER AN
ACCEPTABLE EXCUSE FOR HIS LACK OF COOPERATION THE COURT MAY
IMPOSE PROPER SANCTIONS OR PENALTIES.
PRE-TRIAL ORDER
- AFTER PRE- TRIAL CONFERENCE, THE COURT SHALL ISSUE AN ORDR
RECITING THE ACTION TAKEN, THE FACTS STIPULATED, AND
EVIDENCE MARK.
TRIAL
-THE PROCESS OF JUDGING WHETHER A PERSON IS GUILTY OF A CRIME
OR DECIDING A LEGAL PROBLEM, WHICH INVOLVES HEARING STATEMENTS,
SHOWING OBJECTS,
- AFTER PLEA OF NOT GUILTY IS ENTERED, THE ACCUSED SHALLL HAVE
AT LEAST FIFTEEN DAYS TO PREPARE FOR TRIAL. THE TRAIL SHALL
COMMENCE WITHIN THIRTY DAYS FROM RECEIPT OF THE PRE TRIAL ORDER.

JUDGEMENT
- DEFINE AS THE ADJUDICATION BY THE COURT THAT THE ACCUSED IS
GUILTY OR NOT GUILTY OF THE OFFFENSE CHARGED AND THE
IMPOSITION ON HIM OF THE PROPER PENALTY AND CIVIL LIABILITY, IF
ANY.
- IT MUST BE WRITTEN IN OFFICIAL LANGUAGE PERSONALLY AND
DIRECTY PREPARED BY A JUDGE AND SIGNED BY HIM AND SHALL
CONTAIN CLEARLY AND DISTINCTLY A STAEMENT OF THE FACTS AND
THE LAW UPON WHICH IT IS BASED.
APPEAL
- ANY PARTY MAY APPEAL FROM JUDGEMENT OR FINAL ORDER,
UNLESS THE ACCUSED WILL BE PLACED IN DOUBLE JEOPARDY.
WHERE TO APPEAL
I. TO THE REGIONAL COURT
II. COURT OF APPEALS/SC
III. SC