Rule 116-119.docx

Arraignment

The formal process of informing the accused of the nature and cause of the accusation against them, which is an essential requirement of due process.

Counsel de oficio

Lawyers in good standing assigned by the court to defend the accused if they have not chosen their own counsel.

Bill of Particulars

A motion by the accused to specify alleged defects in the complaint or information and request additional details.

Motion to Quash

A legal motion made before entering a plea challenging the validity of the charges or the court's jurisdiction.

Plea Bargaining

Negotiation between the accused and the prosecutor where the accused pleads guilty to a lesser offense with the consent of the offended party and prosecutor.

Searching Inquiry

A mandatory process by the court to ensure the voluntariness and understanding of the accused's plea, especially in capital offenses.

Plea of Guilty

A judicial confession of guilt by the accused, admitting to all material facts alleged in the information.

Pre-Trial

A proceeding before the trial aimed at facilitating plea bargaining, stipulating facts, and marking evidence for identification.

Production of Evidence

The court's authority to order the prosecution to produce and allow inspection of written statements by witnesses to prevent suppression or alteration.

Improvident Plea

A guilty plea that may be withdrawn before the judgment becomes final if it was made without full understanding or voluntarily.

Pre-trial Order

A directive issued by the judge within 10 days after pre-trial termination, binding parties, limiting trial matters, and controlling trial actions unless modified for justice.

Stipulations in Pre-trial

Agreements made with court participation on direct and cross-examination of witnesses without personal knowledge, like foreign experts or officers.

Effect of Pre-trial

The judge's order after pre-trial binds parties, controls trial actions, and limits unresolved matters unless modified for justice.

Mediation

Referral for civil liability settlement in specific cases like crimes against property or honor, after pre-trial, within a non-extendible 30-day period.

Discovery Procedures in Criminal Cases

No prohibition on relevant discovery modes in criminal cases; a person criminally liable is also civilly liable.

Trial Commencement

Trial should start within 30 days post pre-trial; specific hearing and trial schedules must be adhered to.

Motion for Continuance

Granted if necessary to prevent miscarriage of justice, but prohibited on grounds like court congestion or lack of preparation.

Discharge of Accused as State Witness

Conditions must be met, and if denied, the sworn statement is inadmissible; discharge amounts to acquittal.

Order of Trial

Prosecution presents evidence first, followed by the accused's defense; rebuttal and sur-rebuttal evidence may be presented.

Conditional Examination of Witnesses

Allowed for the accused or prosecution before trial under specific circumstances; may be taken before the court.

Trial in absentia

A case can still proceed even if the accused is absent as long as they are notified, leading to the waiver of the right to question the judge or file an appeal.

Offer of evidence

The requirement to present evidence immediately after the last witness, with specific page citations for exhibits, and the need to ask for objections from the opposing party.

Demurrer to evidence

A motion filed by the accused after the prosecution rests its case, challenging the insufficiency of evidence to prove guilt beyond reasonable doubt.

Lack of formal evidence

No evidence can be considered unless formally offered, except when duly identified by testimony or incorporated in the case records.

Continuous trial guidelines

Procedures after the prosecution rests its case, including the option to file a demurrer to evidence or proceed with presenting evidence.

Conditional Plea

A plea of guilt that is equivalent to a plea of not guilty, requiring a full-blown trial.

Void Plea Bargaining

A judgment based on a void plea bargaining that is considered void ab initio and does not attain finality, thus double jeopardy does not apply.

Arraignment

Essential process informing the accused of the charges against them and giving them the opportunity to prepare their defense.

Plea Bargaining

Negotiation between the accused and the prosecution where the accused agrees to plead guilty to a lesser charge in exchange for a lighter sentence.

Discharge of Accused as State Witness

The judicial process where an accused is released from criminal liability to become a witness for the state.

Demurrer to Evidence

A motion filed by the accused after the prosecution has presented its evidence, asking the court to dismiss the case for insufficiency of evidence.

Reopening of Trial Proceeding

The process of restarting a trial that has been closed, usually to introduce new evidence or correct errors in the previous proceedings.

Reopening of Proceedings

The act of allowing a case to be revisited or reheard after a judgment has been promulgated, typically to present new evidence or testimonies.

Recantation

The act of withdrawing or changing a previous statement or testimony.

Estafa

A crime in which one person defrauds another by means of deceit.

Grave Abuse of Discretion

A serious error or misjudgment made by a judge in the exercise of their discretion, often resulting in unfairness or injustice.

Due Process

The legal requirement that the government must respect all legal rights that are owed to a person.

Formal Offer of Evidence

The process of formally presenting evidence in a legal proceeding, typically following specific rules and procedures.

Admissibility of Evidence

The quality of being accepted as valid and relevant in a legal proceeding, allowing it to be considered by the court.