1What rule governs a motion to quash a criminal complaint or information?
Rule 117 of the Rules of Court.
2When must a motion to quash generally be filed?
Before the accused enters a plea, subject to grounds that are not waived.
3What is a motion to quash?
A request to dismiss a criminal complaint or information on a ground recognized by Rule 117.
4What is the effect of a motion to quash based on facts that do not constitute an offense?
The charge may be quashed if the allegations, taken as true, fail to establish an offense.
5Which grounds for quashing are generally not waived by failure to move before arraignment?
Failure to charge an offense, lack of jurisdiction over the offense, extinction of criminal liability, and double jeopardy.
6What is double jeopardy in criminal procedure?
The constitutional protection against being prosecuted or punished again for the same offense after jeopardy has validly attached and terminated.
7What are the basic requisites for the first jeopardy to attach?
A valid charge before a competent court, arraignment and plea, and a qualifying acquittal, conviction, or dismissal without the accused's express consent.
8Does every dismissal of a criminal case bar a later prosecution?
No. The bar depends on whether jeopardy attached and how the case was terminated.
9What is a provisional dismissal under Rule 117?
A dismissal with the accused's express consent and notice to the offended party, subject to the rule's conditions.
10When does a provisional dismissal generally become permanent for offenses punishable by imprisonment not exceeding six years?
After one year without revival, subject to Rule 117's requirements.
11When does a provisional dismissal generally become permanent for offenses punishable by imprisonment exceeding six years?
After two years without revival, subject to Rule 117's requirements.
12What rule governs pretrial in criminal cases?
Rule 118 of the Rules of Court.
13Is pretrial mandatory in criminal cases covered by Rule 118?
Yes. The court must order pretrial after arraignment within the period prescribed by the rule.
14What matters may be considered during criminal pretrial?
Plea bargaining, stipulation of facts, marking of evidence, waiver of objections, and other matters promoting fair and expeditious trial.
15What is the purpose of stipulation of facts at pretrial?
To establish agreed facts and narrow the issues requiring proof at trial.
16What rule governs trial in criminal cases?
Rule 119 of the Rules of Court.
17Who generally presents evidence first in a criminal trial?
The prosecution, followed by the defense, subject to applicable procedural rules.
18What is the purpose of a demurrer to evidence?
To seek dismissal after the prosecution rests because its evidence is insufficient to sustain a conviction.
19What happens if a demurrer to evidence filed with leave of court is denied?
The accused may still present defense evidence.
20What happens if a demurrer to evidence filed without leave of court is denied?
The accused waives the right to present evidence and submits the case for judgment on the prosecution's evidence.
21What is the effect of granting a demurrer to evidence in a criminal case?
It results in an acquittal, ordinarily protected against further prosecution by double jeopardy.
22What is trial in absentia?
Proceeding with trial despite the accused's absence when the constitutional and procedural requisites are satisfied.
23What are the constitutional requisites for trial in absentia?
The accused has been arraigned, duly notified of trial, and fails to appear without justifiable cause.
24What rule governs judgment in criminal cases?
Rule 120 of the Rules of Court.
25What is a judgment in a criminal case?
The court's adjudication determining whether the accused is guilty or not guilty and specifying the legal consequences.
26What must a judgment of conviction generally contain?
The offense and participation established, applicable circumstances, penalty, and civil liability or damages when appropriate.
27What is variance between the offense charged and the offense proved?
A difference between the charged offense and the evidence-established offense, governed by Rule 120's included-offense provisions.
28When may an accused be convicted of an offense different from the one named in the information?
When the proven offense is necessarily included in the charged offense, or otherwise permitted under Rule 120.
29What is promulgation of judgment?
The formal announcement or reading of the judgment in the manner prescribed by Rule 120.
30What is the general effect of an accused's unjustified failure to appear at promulgation of a conviction?
The accused may lose specified postjudgment remedies, subject to the rule's provisions for surrender and justification.
31What rule governs new trial or reconsideration in criminal cases?
Rule 121 of the Rules of Court.
32What are the two principal grounds for a new trial under Rule 121?
Prejudicial errors of law or irregularities, and newly discovered evidence meeting the rule's requirements.
33What are the requirements for newly discovered evidence to justify a new trial?
The evidence was discovered after trial, could not have been found with reasonable diligence, and would probably change the judgment.
34What is a motion for reconsideration of a criminal judgment?
A request to reexamine the judgment because of claimed errors of law or fact.
35What rule governs appeals in criminal cases?
Rule 122 of the Rules of Court.
36What is the general period for taking an appeal under Rule 122?
Fifteen days from promulgation of judgment or notice of the final order, subject to applicable rules.
37What is the general effect of a timely motion for new trial or reconsideration on the appeal period?
It interrupts the period to appeal, subject to the governing procedural rules.
38Can the prosecution ordinarily appeal an acquittal on the merits?
No. Double jeopardy generally bars an appeal seeking to reverse a valid acquittal.
39What is the significance of a final and executory criminal judgment?
Ordinary remedies are exhausted or no longer available, and the judgment becomes enforceable under law.
40What rule governs search and seizure in criminal proceedings?
Rule 126 of the Rules of Court, together with constitutional requirements.
41What is a search warrant under Rule 126?
A written order issued in the name of the People of the Philippines, signed by a judge, directing a peace officer to search for specified personal property and bring it before the court.
42What are the constitutional requisites for issuance of a search warrant?
Probable cause personally determined by a judge after examination under oath or affirmation, with particular description of the place and items to be seized.
43What is the one-specific-offense rule for search warrants?
A search warrant must be issued in connection with one specific offense.
44How long is a search warrant generally valid under Rule 126?
Ten days from its date, after which it becomes void.
45What is the general rule on the time of executing a search warrant?
Execution is generally during daytime unless the warrant expressly authorizes service at any time on a sufficient showing.
46Who must generally be present when officers search a house, room, or premises?
The lawful occupant or a family member, or, in their absence, two witnesses of sufficient age and discretion residing in the same locality.
47What is the plain-view doctrine?
A recognized exception permitting seizure of evidence plainly visible to an officer lawfully present, when its incriminating character is immediately apparent.
48What is a search incident to a lawful arrest?
A warrantless search of the arrested person and the area within immediate control, within constitutional limits.
49What is the exclusionary rule for evidence obtained through an unconstitutional search?
Evidence obtained in violation of the constitutional protection against unreasonable searches and seizures is inadmissible for any purpose in any proceeding.
50What rule governs provisional remedies in criminal cases?
Rule 127 of the Rules of Court.