Court Visit Report - Sample 255s2o

________________________________ PRACTICE COURT 1 Judge Gina Bibat-Palamos

________________________________ Section: 4/A : Baguilat, Genelyn L. Ignacio, Angelo A. Laguio, Ysrael Joseph Jr. P. Pareja, Mark Genesis C. Punzalan, Chezca S. Zapatos, Zarin Charisamor V.

I. INTRODUCTION This paper aims to discuss the different stages of a criminal proceeding that we witnessed during our court visit at the Metropolitan Trial Court, Branch 79, of Las Piñas City presided by the Hon. Judge Teodoro S. Carbonera. The criminal proceeding that was conducted on August 15, 2016, Monday, focuses itself on the Arraignment; Pre-Trial / Preliminary Conference; Trial; and Judgment of criminal cases. And to have a better glimpse of this criminal proceeding, discussion of the above-mentioned stages, accompanied by criminal cases, will be explained throughly but concise. II. WHAT IS A CRIMINAL PROCEDURE According to the Black’s Law Dictionary, Criminal procedure is concerned with the procedural steps through which a criminal case es, commencing with the initial investigation of a crime and concluding with the unconditional release of the offender. It is a generic term used to describe the network of laws and rules which govern the procedural istration of criminal justice. In other words, Criminal Procedure is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense, and for their punishment, in case of conviction. (Herrera, 2007) III. IMPORTANCE OF CRIMINAL PROCEDURE In the case of Romualdez v. Sandiganbayan, G.R. Nos. 143618-41, Criminal procedure must always embody the essence of due process “where it requires that the accused must be proceeded against under the orderly processes of law. In all cases, the judge should follow the step-by-step procedure required by the rules. The reason for this is to assure that the State makes no mistake in taking the life or liberty except that of the guilty.” IV. COURT VISIT IV. A. ARRAIGNMENT In the case of Borja v. Mendoza, 77 SCRA 422, “Arraignment is the stage where in the mode and manner required by the Rules of Court, an accused, for the first time, is granted the opportunity to know the precise

charge that confronts him. It is imperative that he is thus made full aware of possible loss of freedom, even of his life, depending on the nature of the crime imputed to him. At the very least, he must be fully informed of why the prosecuting arm of the state is mobilized against him. An arraignment serves that purpose.” _____________________________________________________________ PEOPLE OF THE PHILIPPINES VS. ANDY BOY Y MENDOZA (Detained) Criminal Case No. 70907 For Acts of Lasciviousness under Article 336 of the Revised Penal Code ____________________________________________________________________ The accused, Andy Boyo y Mendoza, did not plead guilty. The criminal case was set for an arraignment and the accused was detained. When clerk of court called the case entitled 'People of the Philippines vs. Andy Boyo y Mendoza, the accused stood up from seat and faced the judge and the clerk of court. the clerk of court used the 'Tagalog' language, a language that is known to the accused, in reading to the accused the copy of the complaint or information filed against him. The information contained the following: the date when the crime was committed, the place where the crime was committed, the manner by which the accused, Andy Boyo y Mendoza, committed the crime, and to whom the crime was committed. then clerk of court asked the accused whether he pleads guilty or not guilty. The accused said, he did not plead guilty. The lawyer of Public Attorney's office was there to assist the accused in this arraignment. Arraignment is the formal mode and manner of the implementing the constitutional right of an accused to be informed of the nature and cause of the accusation against him. Plea is the formal answer of the defendant in common law pleading. The answer of 'guilty' or 'not guilty' in an arraignment for the criminal charge. And in order for an arraignment to be valid, the following must be present: 1.) the arraignment must be made in an open court where the complaint or information has been filed or assigned for trial. However, there can be a closed door trial in cases of Rape or Child Abuse. 2.) the arraignment must be before the judge or the clerk of court. 3.) Furnishing the accused with a copy of the complaint or information. 4.) By reading the complaint or information in a language or dialect known to the accused. 5.) By asking the accused whether he pleads guilty or not guilty. 6.) The accused must personally appear during arraignment and enter his plea (counsel cannot enter plea for accused). 7.) Both arraignment and plea shall be made of record but failure to enter of record shall not affect the validity of the proceedings. In the case at bar, all the following circumstances where present in the arraignment of the accused Andy Boyo y Mendoza for the

crime of Acts of Lasciviousness of Article 336 of the Revised Penal Code in the Metropolitan Trial Court, Branch 79 under Hon. Teodoro S. Carbonera. Thus, valid arraignment. IV. B. PRE-TRIAL / PRELIMINARY CONFERENCE The entire rule on pre-trial in criminal proceedings was first introduced in 1985. The demonstrable benefits of the pre-trial system in civil procedure led to the adoption of this helpful device in criminal proceedings. Under Rule 118, Section 1, of the Rules of Court, such matters as plea bargaining, stipulations of facts, pre-marking of exhibits, and similar matters, are now to be taken up during the pre-trial conference. With the new procedure freeing the trial court from the consideration of matters not directly or immediately related to the questions of guilt, trial would be more expeditious and orderly. (Pamaran, 2010) In the case of Irving Trust Co. v. U.S., 221 F. 2d 303, “In general, it is the purpose of the pre-trial conference to simplify the issues, shape up the testimonial and documentary evidence, and generally to clear the desks for trial.” Furthermore, in the case of U.S. vs. Onori, 535 F. 2d 938, “During the conference then, the parties may stipulate or it certain facts such as the qualifications of expert witnesses, the existence and due execution of offcial documents, the official statues of the offender or of the offended party, and so forth. The pre-trial conference may also be the preferred manner of handling problems of obtaining stipulations as to the accuracy of transcript of recorded conversations. _____________________________________________________________ PEOPLE OF THE PHILIPPINES VS. MIKE FRANCIS CENTRA Y SANCHEZ, ET AL. CRIMINAL CASE NO. 70284 ____________________________________________________________________ In this case, private complainants Ryan Lazaro y Bautista, Kim N. Rivera, and Juliet L. Averas filed an affidavit of desistance for the alleged slight physical injuries committed by the accused. An Affidavit of Desistance is one executed by a complainant when he no longer wishes to pursue a case against an accused or court case. The Revised Penal Code of the Philippines provides: Art. 266. Slight physical injuries and maltreatment. — The crime of slight physical injuries shall be punished: 1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended

party for labor from one to nine days, or shall require medical attendance during the same period. 2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance. 3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall ill-treat another by deed without causing any injury. IV. C. TRIAL In the case of U.S. v. Raymundo, 14 Phil. 439, “Trial is the examination before a competent tribunal, according to the laws of the land, of facts put in issue in a case, for the purpose of determining such issue.” Furthermore, the case of Velasquez v. Director of Prisons, 77 Phil. 988, had expounded the meaning of trial - “the word trial as used in the Constitution includes hearing, reception of evidence and other processes, such as decision in the first instance, appeal, and final and executory decision in the last instance.” According to Section 1 of Rule 119 of the Rules of Court, trial shall commence within thirty (30) days from receipt of the pre-trial order. Also, Section 5 of Rule 119 of the Rules of Court provides that if the accused it to be tried again pursuant to an order for an new trial, the trial shall commence within thirty (30) days from notice of the order granting a new trial. This period may be extended o one not exceeding one hundred eighty (180) days from notice of the order if the period becomes impractical due to unavailability of witnesses and other factors. Fundamentally, trial starts by the prosecution presenting its evidence first to prove the charge and to prove the civil liability in the proper case. Then the accused will then present his evidence to prove his defense and the damages he sustained, if any, arising from the issuance of a provisional remedy in the case. After the accused presented his evidence, the prosecution may present its rebuttal evidence unless the court allows it to present additional evidence bearing on the main issue. Then the accused may present sur-rebuttal evdence, unless the court allows him to present additional evidence bearing on the main issue. Finally, upon submission 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 as stated in Section 11 of Rule 119 of

the Rules of Court. There exists however a reverse trial where the order of trial may be modified when the accused its the act or omission charged in the complaint or information but interposes a lawful defense as stated in Section 11(e) of Rule 119 of the Rules of Court. _____________________________________________________________ PEOPLE OF THE PHILIPPINES VS. TEOFILA DE VERA Criminal Case No. 70907 For Slight Physical Injuries under Article 226 of the Revised Penal Code ____________________________________________________________________ Milagros Cruz Mendoza y Liwanag, the complainant in this case, took the witness stand and positively identified the presence of Teofila De Vera, the accused in this case. The prosecutor asked her to narrate the incident which resulted in the commission of the said crime. According to the complainant, an altercation happened between her and the accused regarding some issues concerning them which led the accused to push her away and where the former fell on pile of rocks which resulted to some injuries. The only highlight in this case was the fact that the complainant took the witness stand to narrate and attest all the facts and allegations that was already stated in her judicial affidavit. The Revised Penal Code of the Philippines provides: Art. 266. Slight physical injuries and maltreatment. — The crime of slight physical injuries shall be punished: 1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period. 2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance. 3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the offender shall ill-treat another by deed without causing any injury. IV. D. JUDGMENT In the case of Gotamco v. Chan Seng, 46 Phil. 550, “Judgment is the law’s last word in a judicial controversy. It is the final consideration and

determination of a court of competent jurisdiction upon the matters submitted to it, in an action or proceeding. It may also mean the conclusion of the law upon the matters submitted to it, in an action or proceeding. It may also mean the conclusion of the law upon the matters contained in the records, or the application of the law to the pleadings and to the facts, as found by the court or itted by the parties, or deemed to exist upon their default in the course of a judicial proceeding.” Furthermore, according to Section 1 of Rule 120 of the Rules of Court, judgment is the adjudication by 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. In order that a judgment be valid, it must first be written in the official language, must be personally and directly prepared by the judge and it must contain clearly and distinctly a statement of the facts and the law upon which it is based as stated in the same section of Rule 120. Section 2 of Rule 120 of the Rules of Court further provides that if the judgment is of conviction, it shall state the legal qualification of the offense constituted by the acts committed by the accused, the aggravating and mitigating circumstances which attended the commission of the offense, the participation of the accused in the offense whether as principal, accomplice or accessory after the fact, the penalty imposed upon the accused and the civil liability or damages caused by his wrongful act or omission to be recovered from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a separate civil action has been reserved or waved. On the other hand, if the judgment is of acquittal, it shall state whether or not the evidence of the prosecution absolutely failed to prove the guilt of the accused or merely failed to prove his guilt beyond reasonable doubt and determine if the act or omission from which the civil liability might arise did not exist. As held in Valerio vs. Court of Appeals, a verdict of acquittal is immediately final. As for the promulgation, Section 6 of Rule 120 of the Rules of Court provides that, judgment is promulgated by reading it in the presence of the accused and in any judge of the court it which it was rendered. However, if the conviction is merely for a light offense, the judgment may be pronounced in the presence of his counsel or representative and may be promulgated by the clerk of court if the judge is absent or outside the province or city. If the accused is detained in another province or city, the judgment may be promulgated by the executive judge of the Regional Trial Court having jurisdiction over the place of confinement or detention upon request of the court which rendered the judgment. The court promulgating the judgment shall have authority to accept the notice of appeal and to approve the bail bond pending appeal. If the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed at his last known address.

_____________________________________________________________ PEOPLE OF THE PHILIPPINES VS. RUSSEL GERVACIO Y MANZANO. CRIMINAL CASE NO. 6648

____________________________________________________________ In criminal case, respondent Russel Gervacio Y Manzano charged for violation of Section 1, Presidential Decree 1866, otherwise known as the Unlawful Possession of Firearms and Ammunition. The information in Criminal Case No. 66648 read as follows: That on or about, December 27, 2015 in the City of Manila, Philippines, the said accused did then and there willfully, unlawfully, knowingly have in possession and under his custody and control, One (1) .38 cal. Rev. without serial no. with four (4) live bullets. Without first having secured from the proper authorities the necessary license therefor. However, Section 1 of RA 8294 expressly provides that a person may not be convicted for illegal possession of firearm if another crime was committed:
 SECTION 1. Section 1 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows: SECTION 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms or Ammunition or Instruments Used or Intended to be Used in the Manufacture of Firearms or Ammunition. The penalty of prision correccional in its maximum period and a fine of not less than Fifteen thousand pesos (P15,000) shall be imposed upon any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any low powered firearm, such as rimfire handgun, .380 or .32 and other firearm of similar firepower, part of firearm, ammunition, or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition: Provided, That no other crime was committed. The penalty of prision mayor in its minimum period and a fine of Thirty thousand pesos (P30,000) shall be imposed if the firearm is classified as high powered firearm which includes those with bores bigger in diameter than .38 caliber and 9 millimeter such as caliber .40, .41, .44, .45 and also lesser calibered firearms but considered powerful such as caliber .357 and caliber . 22 center-fire magnum and other firearms with firing capability of full automatic and by burst of two or three: Provided, however, That no other crime was committed by the person arrested.

The decision rendered the respondent not guilty of illegal possession of firearm. WHEREFORE, Criminal Case No. 66648 for illegal possession of firearms is hereby DISMISSED and respondent is hereby ACQUITTED therein. V. CONCLUSION In all these discussion, it must be noted that all trial courts, the Sandiganbayan included, are reminded that they should take all necessary measures guaranteeing procedural due process from the inception of custodial investigation up to rendition of judgment. They are not to turn a blind eye to procedural irregularities which transpired before the criminal case reached the court. The validity and sufficiency of the information are important. xxx (Romualdez v. Sandiganbayan, G.R. Nos. 143618-41) VI. ATTACHMENTS
 Attached in this paper are the following: 1. Letter of Intent addressed to the Metropolitan Trial Court, Branch 79, of Las Piñas City; 2. Certification duly signed by the Clerk of Court; and 3. Group Picture