RULE 117 – MOTION TO QUASH

What is the purpose of motion to quash – whatever defects found in the information you can
raised that in a motion to quash. So that it must be filed before the accused entered his plea or
before the arraignment.
Exception: grounds for motion to quash that can be filed anytime even after entering his plea is
the grounds of:
a. The facts charged do not constitute an offense
b. Lack of jurisdiction over the offense charged
c. The criminal action or liability has been extinguished and
d. Double jeopardy
Information must sate every single fact necessary to constitute the offense charged; otherwise a
motion to quash on the ground that it charges no offense may be properly sustained. – that Is
why in Rule 110 when filing an information in court must aver all the circumstances including
the aggravating and mitigating circumstances.
Motion to quash – is the legal term used in seeking the dismissal of the case/information
against the accused before his arraignment.
Who can file a motion to quash? – belongs only to the accused. The court is not authorized to
motu propio initiate a motion to quash by issuing an order requiring an explanation…
(walay motion ang accused na ipaquash ang accused na ipa quash ang information on its own
the court will quash the information. Dapat magsugod jud ang motion sa accused.
Exception: is if the court does not have jurisdiction, pwede siya I dismiss sa court ang case pero I
refer niya sa proper court. Like the case na ang mctc walay jurisdiction kay minor ang accused so
gi forward sa rtc.
Dili pwede na I resolve sa court in any other grounds except kato lang iyaha gibutang sa motion.
Exception kay ang court has no jurisdiction or there is no offense charged in the information.
What is the form and contents of motion to quash?
1. In writing
2. Signed by the accused or his counsel
3. Specify distinctly the factual and legal grounds on which it is based

Rule 117, Section 3 – Grounds for motion to quash the complaint or information (9 grounds)
no more other grounds other than this
1. That the facts charge do not constitute an offense
2. That the court trying the case has no jurisdiction over the offense charged
 3. That the court trying the case has no jurisdiction over the person of the accused
4. That the officer who filed the information had no authority to do so
5. That the information does not conform substantially to the prescribed form
6. That more than offense is charged except when a single punishment for various offenses
is prescribed by law (one information, one offense charged)
7. That the criminal action or liability has been extinguished
8. That it contains various averments which if true would constitute legal excuse or
justification
9. That the accused has been previously convicted or acquitted of the offense charged or
the case against him was dismissed or otherwise terminated without his express consent
(double jeopardy)

Discussion:
1. That the facts charge do not constitute an offense – the information must be complete
all the elements of the offense must be stated in the information (time, place, name of
victim, aggravating, how the offense is committed…) because the accused has right to
know the nature of the offense so he can prepare his defenses during trial.
Amendment of complaint or information – correct the defect by amendment. If the
motion alleges that the facts charge do not constitute an offense, what will the court do
is that they will require the prosecutor to amend the information so it will aver all the
necessary facts to constitute the offense in the information, however, kung dili I amend
sa accused ang information, the court now dismiss or quash the information filed.
Tagaan pa sa court ang prosecutor na I amend nila ang information, dili agad I quash sa
court. Pag amend sa prosecutor naa gihapon ang defects sa information then the motion
of the defense counsel or the accused shall be granted.
2. That the court trying the case has no jurisdiction over the offense charged
Nganong nag acquire ug jurisdiction ang court where in the first place wala na silay
jurisdiction. Pwede gihapon on appeal pwede nila I assail ang jurisdiction sa court para
ma invalid jud ang judgment except if there is Estopel. Meaning maskin kahibalo ang
accused na walay jurisdiction ang court pero paminaw niya nga mudaog siya kay ning
padayon siya unya nag undergo ug trial, during trial nag judgement ang court napildi
siya, so didto na niya gi question ang jurisdiction sa court, so na estop na ang accused.
3. Lack or jurisdiction over the person of the accused
It can be by voluntary appearance or arrest.
Pwede nimo I question ang jurisdiction sa court without submitting yourself to the court,
pero imoha siya ibutang sa imohang motion na you are not submitting yourself to the
voluntary appearance in court when you file the motion.
 GR: what determines the jurisdiction of the court in criminal cases is the extent of the
penalty which the law imposes on the misdemeanor, crime or violation of law
charged.
XPNs:
1. cases under the Sandiganbayan
2. in cases of libel
3. offenses cognizable by the family court
4. the offense of slight physical injuries is cognizable by the first level courts
Lack of jurisdiction over the territory
No one should be held in any crime committed by him except in the jurisdiction where it
was committed. That is why territorial ang criminal proceeedings. It must be filed where
the offense is committed.

4. Lack of authority of the officer to file information. NOTE OF THIS BAR QUESTION
Note: the law provide invests the authority to file and prosecute criminal cases to the
following:
1. provincial fiscals and their assistants
2. chief state prosecutor and his deputies
3. tanodbayan and his deputies in special cases

Instances where there is an unauthorized filing og information

1. officer filing is irregularly appointed
2. officer filing the information without the approval by the head or chief prosecutor
3. information is filed without the complaint in cases involving private crimes

5. That the information does not conform substantially to the prescribed form
- quashable siya pero I allow gihapon ang prosecution na I amend. Pag dili I amend that the time
that the court will quash the information. Tagaan pa jud higayon si prosecutor

6. Multiplicity of offenses charged

- A complaint or information must charge only one offense, except when the law prescribes a
single punishment for various offenses.
Like reckless imprudence resulting to homicide and damge to property (daghan offenses) pero
ang penaly niya kay katong pinaka highest na offense.

7. Extinction of criminal action or liability

- pag prescribed na ang criminal action then it is also quashable.

How criminal liability is extinguished?

1. death of the accused, but as to pecuniary penalties, liability therefor is extinguished only
if death occurs before final judgment
2. amnesty – if the accused is granted amnesty by the president
 3. marriage of the offended woman, as stated in Art 322 of the rpc – ning sugot si victim na
pakasalan siya ni accused
4. prescription of the crime – within 2 months lang dapat ang iyaha prescription dapat ma
file na dayon para dili ma quash ang information
5. service of sentence – na serve na niya ang penalty prescribed na ang crime
6. absolute pardon
7. prescription of penalty

How to compute prescription of offenses:

1. period of prescription shall commence to run from the day of which the crime is discovered
by the offended party. The authorities shall be interrupted by filing the complaint and shall
commence to run again with such proceedings…the term of prescription does not run when the
offender is absent from the Philippines. Mag start na siya kung kanus.a ma discover ang crime
until mag stop siya kung ma file ang information sa court.. mag stop na sad ang counting sa
prescription kung nagtakas ang offender. Kung na sentence na siya tapos ning sibat, mag start na
ang count sa penalty. Like 20 years ang prescription sa penalty sa homicide, dili siya madakpan
within that period nag expire na ang penalty dili sad siya ma preso.

8. The complaint or information contains avernments which if true, would constitute a legal
excuse or justification.
Like there is an exempting circumstances which is a legal excuse to quash the information such
as self-defense (justifying circumstance) but it must be proven during trial. Some exempting
circumstance like insane, ground for motion to quash.

9. Double Jeopardy – if previously convicted or acquitted at that offense it cannot be filed again
for it constitute double jeopardy.

Effect of failure to move to quash or to allege any grounds therefor:

GR: it is been waived if you did not object.
XPN: 1. The facts charged do not constitute an offense
2. lack of jurisdiction over the offense charged
3. Extinguishment criminal action or liability
4. Double jeopardy

PROCEDURE WHEN MOTION TO QUASH IS DENIED

The accused should:

1. plead
2. Go to trial without prejudice to the special defenses he involved in the motion
3. Appeal from the judgment of conviction, if any, and interpose the denial of the motion as an
error

Question:
Is the order denying the motion to quash appealable?
Ans: NO
The order denying the motion to quash is interlocutory in nature (dili siya final judgment) only
final judgment can be appealed in the higher level court, and remedy ana sa accused if I deny
ang iyahang motion, if he found out na may grave abuse of discretion amounting to lack of
jurisdiction by the court or by the judge he can file a certiorari, so dili appeal ang remedy.
Certiorari and prohibition are not correct remedies.

Ang dapat jud buhaton kay kung I deny ang iyahang motion to quash, should go to trial and
then present the evidences, during appeal didto na niya I present ang iyahang grounds sa
motion to quash na gi deny sa court.

XPNs:
1. the act has ceased to be an offense
2. when inventory by higher court is required for that orderly administration…
3. it is unfair and unjust to make the accused fo to trial
4. when the circumstances warrant that technicalities…
5. if the court denying the motion to quash acted with or in excess of…

PROCEDURE WHEN MOTION TO QUASH IS SUSTAINED

- 1. If I sustain sa court, the court will order the prosecution to amend the information
and if dili ma amend, the court is in custody, I release na ang accused na naa sa prison
kay walay nahitabo na amendment sa information
- 2. Kung ang charges is no criminal liability or criminal action is extinguished or contain
avernment which constitute legal excuse, kung kani na grounds nga gi sustain sa court sa
motion to quash, so dapat apil sa order sa court ang I release ang accused into custody
and ibalik ang bond.
- 3. Kung lack of jurisdiction, ang remedy sa court is to forward or refer the case to the
court who has proper jurisdiction over the case. They will not release the accused.
- 4. The court will order the prosecution to amend the information and if dili I amend sa
prosecution, that is the time na I dismiss or will quash the information.
- 5. An order sustaining the motion to quash is not a bar to another prosecution for the
same offense. XPNs:
Section 7 – Former conviction or acquittal; double jeopardy
Kinds of Double Jeopardy
1. No person shall be put twice in jeopardy for the same offense
When an act punished by a law and an ordinance, conviction or acquittal under either shall
be a bar to another prosecution for the same act.

REQUISITES TO RAISE DOUBLE JEOPARDY

1. First jeopardy must have attached
2. first jeopardy must have been terminated
3. the second jeopardy must be for the same offense or the second offense includes or is
necessarily included in the offense charged in the first information or is in attempt or frustration
thereof.

-dapat na acquit siya sa first information, validly terminated siya na nag consent ang accused na
I dismiss na ang kaso or na acquit siya ato na case, second info the same siya ato na first that is
double jeopardy.

Question:
Can a person convicted by a court martial be prosecuted again in the civil court? NO

Question:
Is there a double jeopardy when the complaint or information was dismissed before the
defendant has been arraigned and had pleaded thereto? NO. there must be a valid
arraignement and plea and a valid conviction on the first jeopardy.

Test in determining the identity of the offenses:

1. same offense test
2. same evidence test
Meaning kung same evidence gihapon iyahang gamiton para sa second information kay same
incidents siya so that is a double jeopardy.

Identity Rule: like an convict na siya sa homicide and then found out na pwede ma raise into
murder, gi file ang information, so same victim and circusmtances so double jeopardy

XPN: if pag file sa kaso kay serious physical injury pay wala namatay, pero during the duration
of the case namatay siya so nag upgrade iyahang case into homicide, dili na siya Double
Jeopardy.

3. because there is a plea bargaining agreement for a lesser offense there must be a consent by
the prosecutor and the offended party to be valid.

XPN to XPN:
Dapat nag excess na jud to siya na offense at the time of filing.

VARIANCE DOCTRINE
GR: naka charged siya sa information and proven during trial
XPN: so kung included siya sa information na na file in court, like rape and lascivious
misconduct, pwede siya mag plead bargain into lascivious misconduct kay same ang ilhang
elements

DOCTRINE OF SUPERVENING FACT

If after the prosecution file its case there is a supervening fact happened it is included in the
information, not ground for quashing the information

DISTINGUISH DISMISSAL AND ACQUITAL

Dismissal – does not decide the case on the merits, because walay trial na nahitabo it was
determined on the information alone wala gi determine on the merit of the case
Acquittal – based on the merits, based on the evidences presented, guilt must be proven
beyond reasonable doubt. In acquittal double jeopardy is always attached.

When dismissal amounts to an acquittal?

-when the court dismissed the case through the virtue of:
1. Demurrer to evidence – the evidence of the prosecution is not enough to convict the
accused, it is filed after the presentation of the prosecution of its evidences so that’s the time,
before presentation of the defense they found out that the evidence of the prosecution is not
enough to convict the accused, so they will file a demurrer of evidence to court. Pag file nila ug
demurrer to evidence to court Dapat naa silay leave of court, mananghid.
Pag na reset permi ang case without calid reason, dismissal amount to acquittal by virtue of
the right of the accused to a speedy trial.
RULES REGARDING WITHOUT EXPRESS CONSENT
- Kung ang nag file sa motion to dismiss kay ang accused meaning there is an express
consent sa ilaha that will not amount to double jeopardy kay naa may consent.
- Example ang accused had many count or cases, and then mo plead guilty siya sa 3 and 2
probational dismiss, kay aron magamay lang ang penalty kay mag plead bargain man siya
into lesser offense. Consent of the prosecutor and the accused. Probabtional dismissal
within 2 yrs only kay ma permanently dismiss ang case ug mag move na ang defense to
permanently dismiss ang case,
MTC = 1 yr pwede mag motion ang offended party for the revival of the case
RTC = 2 yrs

Section 9. failure to move to quash or to allege any ground therefor

XPN: so dili na siya ma waived.
CASES:
PEOPLE VS UDTUHAN
Lazarte vs Sandiganbayan
In this case, information should not be quashed because it alleged all the elements of the crime
in the information. They question the allegation of conspiracy which is not alleged in the
information on the conspiracy committed by individual, it is not necessary to alleged conspiracy
before filing the information in court if there is no conspiracy committed by the individual
accused in the information. Kung dili ma alleged sa information dili na siya
Case
-if you will not raised the lack of authority of the prosecutor before arraignment still waivable na
siya it must be raised before arraignment. Can be cured by letting the prosecutor to sign the
information. It is a jurisdictional defect.

Garcia vs Sandiganbayan
RULE 118 – PRE TRIAL
After arraignment the court will conduct pre trial. New rule is that both is done in the same
they.
PRE-TRIAL is mandatory in criminal cases and shall be done simultaneous after arraignment pre
trial of the case will be done. After arraignment and within 30 days from the time the court
acquired jurisdiction of the accused, unless a shorter period is provided by law order for a pre
trial, the main objective is to achieve an expeditious resolution of the case. Continuous trial in
criminal cases it is done simultaneously. Must speedy na ang hearing.
Requirements: must be in writing and signed by the accused and signed by counsel. If these are
not observed the pre-trial agreement cannot be used against the accused because this is
contrary to the rule on stipulation of facts during trial which requires the signature of counsel in
order to be valid.
Stipulations of Facts during Trial – is different pwede ra ang counsel mag perma.
Pero sa during pre-trial conference- kailangan both counsel, complainant and the accused
Purpose of this is to safeguard the right of the accused…still to be informed para kahibalo siya
na unsa ang agreement na gi enter sa iyahang counsel
Conforme: pasabot na nag agree sila kung unsa man ang stipulation na gihimo during pre trial.
RULE 118 – PRE-TRIAL
CONSIDERATIONs THAT SHOULD BE MADE DURING PRE-TRIAL
Ans: if there is a Possibility of plea bargaining to a lesser offense, mangutana ang judge kung
naa bay possibility of plea bargaining, but that is with conformity and dapat musugot ang
complainant and also the prosecution. Pag dili musugot dili mag push thorugh ang pre trial.
Kung wala siya nakasulat during pre-trial dili na siya pwede as evidence pero ang usual na
ginabuhat SA DEFENSE COUNSEL kay pag-dili pa available ang evidence kay mag reserve na sila
sa evidence.
Kailangan stipulated ang facts para dili na madugay ang trial.
For example gib utang as witness ang evidence custodian during drug cases, during presentation
sa trial sa evidence custodian, pwede gihapon I stipulation on the kung unsa ang I testify na
matter sa evidence custodian para I dispense na ang iyahang testimony para mka present na sad
ug lain witness.
PLEA BARGAINING

- May also be taken during arraignment and with the consent of the offended party and
also the prosecutor and also maybe allowed by court for a lesser offense. Like
carnapping pwede mag plead guilty into theft an offense necessary included on the
offense charged. Rape to rape by sexual assault. Lascivious conduct to act of
lasciviousness. Kana kung musugot ang complainant.
NON-APPEARANCE DURING PRE-TRIAL
1. 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. Meaning pwede mag order ang court na I contempt ang counsel
pag dili sila mag appear.
2. the rule is intended to discourage dilatory moves or strategies as these would run counter to
the purposes of pre-trial in criminal cases, more specifically those intended to protect the right
of the accused to fair and speedy trial. Allowed ang court na I sanction ang lawyer na dili mag
attend without valid reason.
PRE-TRIAL ORDER
After pre-trial conference, the court shall issue an order reciting:
1. the actions taken
2. the facts stipulated and
3. the evidence marked
Prosecution kay letters ang named sa exhibit.
JDR – ang mag conduct ana kay judge. Its more likely a mediation. Mag atubang ang both
parties ang istoryahan sila sa judge kung nay possibility explanan sila sa ilahang kaso, nay
agreement mangayo lang ug civil indemnity ibutang to siya sa compromise agreement and the
court will render judgment based on this agreement.
Refer to CASES that shall be referred to 1. Court-Annexed Mediation (CAM), and be the subject
of Judicial Dispute Resolution (JDR)
-baka magtaka kayo bakit puro civil aspect lang ginabutang, kasi ito lang ang pwede I
immediate. Tungod kay na settle na ang civil aspects sa case dili na mag pursue ang criminal
aspect then the case can be dismissed.
That is why dili siya subject to mediation ang criminal aspect sa case kasi under the public
prosecutor, since the civil aspect is settled the criminal aspect cannot be pursued.
Kung walay settlement na nahitabo sa jdr, si jdr judge dili pwede na siya ang magconduct sa trial
kay kahibalo naman siya daan sa merit of the case kay ilaha mana hisgutan during the jdr
proceedings. Should eb referred to another judge unless both parties will manifest that they are
allowing the jdr judge to proceed to trial.
Pre-Trial Proper:
MTC Tagum judge to conduct the JDR, kung ma failed ang JDR sa MTCC Tagum kay ibalik sa
kapalong na judge para siya na ang mag conduct of trial.
5 CASES SHALL NOT BE REFERRED TO CAM AND JDR: (dili pwede I refer to mediation)
-XPNs: kay on civil aspects lang kay custody of the minor, separation of property and support
kani ra sila pwede I refer into mediation basta dili lang criminal aspects.

REVISED GUIDELINES FOR CONTINUOUS TRIAL OF CRIMINAL CASES

1. Schedule of the trial
2. 10 calendar days for arraignment and pre-trial for those who availed bail or non-detained
within 30 days set na dapat ang arraignment.
3. arraignment and pre-trial dapat the same day. And then during pre-trial pag absent ang
accused, kani na instance kay for example na arraign siya in another day then set for another
day then wala ang accused or private complainant padayon gihapon ang pre-trial as long as they
are notified, and then stipulation should be made during pre-trial. Dili jud siya ma serve within
the day ang pre-trial pagka ugma pa. ang ideal dapat mahatag siya within the day pero kay taas
kaayo ang pre-trial order naa pay stipulation naa pay evidences taas kaayo pre-trial order labina
drugs.
Ang ginabuhat sa stenographer mangayo daan ug guide para ilaha na lang I copy ang mga
stipulations and evidences dili madugay ma release agad.
4. affidavits be submitted to the prosecutor attached to the information mao to siya ang mag
serve as direct testimony of the witness. During trial ipa identify siya sa counsel sa witness kung
kung iyaha ba tong perma siya ba nagsulat. Mumubo na ang trial. Kay paghuman atop ag
identity kay mag cross examine na ang opposing counsel. Kung walay affidavit nan aka attached
sa information, the counsel will submit a judicial affidavit. Katong mga chain of custody no need
na I question to.
5. one day witness rule. Dapat mahuman ang iyahang presentation, direct, cross, redirect,
recross examination.
6. motion for postponement generally prohibited. XPNs para ma grant ang motion kay based on
acts of God, force majure, physical unavailability… dili na siya tagaan ug another days kay 3
raman taman.
7. after the presentation of the evidences, they will orally offer their evidences. No longer in
writing para continuous trial. Next trial ang defense na ang mga present. Oral offer not in
writing
8. the court will order that the case be submitted for decision. And on that order gi include na
ang date of the promulgation of judgment. 90 days. MR (motion for reconsideration) 10 days
MOTIONS:
1. Motion for inhibition
2. Prohibited Motions

FLOWCHARTS
Number of days for the court to dispose the case
a. Regular Rules
Arraignment and Pre-trial within 30 days next is presentation of the prosecution’s and the
accused’s evidence (6months / 180 days) next is the promulgation of decision (90 days from the
submission of case for decision)
B. Special Laws/Rules
1. DRUG CASES
Trial to be finished not later than 60 days from filing of information. Pagkahuman ug present sa
evidence sa defense.
2. Environmental Cases (10months ang duration from arraignment to decision) Branch 1 diri sa
tagum
Arraignment and Pre-trial 30 days
3. Intellectual Property Rights Cases
30 days arraignment and pre-trial and trial kay 60 days each party so 120 days sa trial then file a
memorandum both prosecution and defense. 90 days judgement.
4. if the case is referred to mediation ang counting of days ana from arraignment and pre trial is
30 days mediation be conducted I set na dili mulapas ani from arraignment and pre-trial. Then
trial will proceed from 6 months.
RULE ON SUMMARY PROCEDURE OF CRIMINAL CASES REFERRED TO MEIDATION
-sa mtc ni siya naka file only 30 days mediation, 60 days trial,
SAMPLE FLOWCHARTS WITH PETITION FOR BAIL
A. REGULAR RATES

RULE 119: TRIAL (kasali sa exam)

Distinguish TRIAL AND HEARING
TRIAL- during trial diri I present ang witnesses and all the evidences to prove the guilt or
innocence of the accused. Kato lang examination sa witnesses.
HEARING – included all stages gikan arraignment, pre-trial, trial and judgment.
CONTINUOUS TRIAL SYSTEM
Reason for postponement kay katong acts of God etc, and also kung nay seminar ang judges
Shall not exceed 180 days for regular cases in the conduct of trial

TRIAL IN ABSENTIA
-So kung wala na arraigned ang accused, trial in absentia shall not be conducted kasi null and
void ang judgment if the accused is not arraigned because it is the constitutional right of the
accused to be informed of the nature and caused of the accusation against him.
GR: 180 days lang
Xpns: 1.
Remedy: kung sige ka postpone ang prosecutor, unfair na siya sa accused, remedy kay file a
mandamus to compel the dismissal of the information. If he is restrained pwede mag file of
habeas corpus kung unjustified na ang reason kung nganong dili ma push through ang trial sige
ka postpone ang prosecutor, kung ang accused sige ka postpone he cannot invoke the speedy
trial act.
ACTS OF THE COUNSEL WHICH WOULD WARRANT A SANCTION
DUTIES OF PUBLIC ATTORNEY WHEN THE ACCUSED IS IMPRISONED
- Dapat iyahang I undertake nan aa ang prisoner during trial. Kami sa court para
maka attend jud ang accused during hearing gina mail namo ang calendar sa bjmp para
ma ensure ang attendance sa accused
ORDER OF TRIAL:
Ang mauna kay ang prosecution they will present the evidence, after that is the accused, then
there is a rebuttal and or sorrybuttal and after that the case will be submitted for decision. Ma
reverse lang na siya kung the accused, the nature of defense is self-defense, so mauna ang
accused ug defend.
BERNARDO VS PEOPLE
-arraignment in absentia is not allowed kay dapat during arraignment naa jud ang accused, as
long as the accused is validly arraigned and then notified of the trial, and his failure to
attend/appear is unjustifiable, trial in absentia can be done by the court and also promulgation
in absentia.
HARRY GO VS PEOPLE
DIFFERENCE BETWEEN NEGATIVE AND AFFIRMATIVE DEFENSE
NEGATIVE – kung ang defense sa accused kay denial wala niya gibuhat ang crime, the
prosecution is required to prove the guilt beyond reasonable doubt while Affirmative gi admit
niya pero nag interpose siya ug self-defense para ma justify niya why nabuhat to.
Negative defense kung if the accused claim that one of the elements of the offense charged is
not presence.
Section 12- conditional examination must be done before trial with notice or notion with the
counsel and also serving notice to all parties.
Section 13 – ang witness dili kaadto sa court and msut be in writing.
PURPOSE OF TAKING DEPOSITIONS: (8 PURPOSE)
WHO SHOULD MAKE THE EXAMINATION
1. judge, 2. Member of the bar or a lawyer designated by the judge, 3. Before an inferior court.
Section 14- for example sige ug absent ang witness na I present especially law enforcer kay na
assign sa lain station so ang mahitabo ma dismiss ang kaso and ma acquit ang accused for non-
appearance of the witness. Ang buhaton sa prosecutor na mag move siya during trial na mag
issue ang court of warrant of arrest/bench warrant to testify. Mag bail pa jud sya para mag
testify. Bigyan ng warrant si witness, nag pyansa siya.
Section 15 – Pwede muhangyo sa court na iuna siyag witness labina naa siya byahe sa lain
nasod.
ABSENCE OF WITNESS – labina nabayaran ang witness dili nato mag appear. Pangitaon sa ang
witness within 2 yrs pag rtc. I postpone lang sa until makita ang witness
Section 16 – trial of several accused
Sabay ang pag trial sa ilaha kung nay two or more defendants kung nadakpan on the same time.
Para dili na mag balik balik ug present of evidence. Kung naa pay wala nadakpan lahion to siya.
SAME EVIDENCES. SA RAPE JOIN TRIAL GIHAPON KAY SAME EVIDENCES LAHI LAHI LANG ANG
DATE OF THE COMMISSION OF RAPE.

STATE WITNESS
-there are 5 requisites na dapat ma satisfy ni before an accused can be discharged as a state
witness.
-siya dapat ang among the accused para ma convict tong principal pwede mag motion ang
prosecutor to discharged siya as accused and be a state witness para dili na kasuhan. Pero
iresolve pa pud ni sa court kung mag motion ang prosecutor kung pwede ba siya maging state
witness, kung I deny sa court ang motion katong affidavit na gi submit sa prosecution
inadmissible to siya as evidence, kung ma deny balik siya as an accused.
General Rule: acquitted na siya kung I discharge siya as accused meaning acquitted na siya sa
case dili siya pwede kasohan ug same offense.
Pag erroneous ang pag discharge as an accused pwede siya nga ibalik apil sa kaso or kasuhan of
another offense included in the offense charged.
Exceptions: admissible kung dili niya tumanon ang agreement kung dili siya mo testify against
the accused kay kauban niya so inadmissible to tanan iyaha testimony.

Testimony of Co-conspirator
GR: dapat ilaha testimony dapat mag corroborate sa evidence sa prosecution
XPN: if uncorroborated but the testimony was given in a straight forward manner and it
contents details… di na kailangan mag hiring pa ang court to resolve the motion kato lang
affidavit na gi submit sa

Section 19. When mistake has been made in charging the proper offense