You are the defense counsel of Angela Bituin who has been charged under RA 3019 ( Anti-Graft and Corrupt Practices Act ) before the Sandiganbayan. While Angela has posted bail, she has yet to be arraigned. Angela revealed to you that she has not been investigated for any offense and that it was only when police officers showed up at her residence with a warrant of arrest that she learned of the pending case against her. She wonders why she has been charged before the Sandiganbayan when she is not in government service.
VII(A) What “before-trial” remedy would you invoke in Angela’s behalf to address the fact that she had not been investigated at all, and how would you avail of this remedy? (4%)
VII(B) What “during-trial” remedy can you use to allow an early evaluation of the prosecution evidence without the need of presenting defense evidence; when and how can you avail of this remedy? (4%)
Suggested answer only. Not an official answer and not legal advice.
(A) File a motion for preliminary investigation; (B) file a demurrer to evidence. Under Rule 112 of the Rules of Court, an accused charged without preliminary investigation may move before arraignment to suspend proceedings and conduct one. Under Rule 119, Sec. 23,
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Quick check
What is the proper procedural remedy of an accused charged before the Sandiganbayan who was completely denied a preliminary investigation?
An accused denied a preliminary investigation may move before arraignment to suspend proceedings and hold a preliminary investigation.
When may the defense file a demurrer to evidence in a criminal prosecution under Rule 119 of the Rules of Court?
A demurrer to evidence is filed after the prosecution rests its case on the ground of insufficiency of evidence.
What is the consequence of filing a demurrer to evidence without leave of court if the demurrer is subsequently denied?
Filing a demurrer without leave of court waives the right to present defense evidence if denied.
May a private individual who is not in government service be charged before the Sandiganbayan under R.A. 3019?
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Within what non-extendible period after the prosecution rests may the defense move for leave of court to file a demurrer to evidence?
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Learn more about these topics
1. Preliminary Investigation Motion
Under Rule 112 of the Rules of Court, an accused who was arrested without a warrant or who was denied a preliminary investigation has the legal right to move for a preliminary investigation before arraignment. When an accused is charged before the Sandiganbayan under Republic Act No. 3019 without prior notice or preliminary investigation by the Office of the Ombudsman, defense counsel may file a motion to suspend proceedings and defer arraignment. The trial court must grant the motion and remand the case to the Ombudsman to respect the constitutional due process rights of the accused.
2. Demurrer to Evidence
Under Rule 119, Section 23 of the Rules of Court, after the prosecution rests its case, the defense may move for the dismissal of the criminal action on the ground of insufficiency of evidence by filing a demurrer to evidence. This remedy allows an early evaluation of the prosecution's evidence without requiring the defense to present its own evidence. A demurrer may be filed either with leave of court within a non-extendible period of ten days after the prosecution rests, or without leave of court, subject to procedural consequences regarding the waiver of defense evidence.
3. Private Party Jurisdiction
Under Republic Act No. 3019 and jurisprudence governing the Sandiganbayan's jurisdiction, private individuals who act in conspiracy with public officers in committing graft and corrupt practices may be properly indicted and tried jointly before the Sandiganbayan. Although the accused is not a government employee or public officer, co-conspirators in graft offenses share criminal liability with public officials. However, the prosecution must establish the existence of conspiracy with a public officer falling within the original exclusive jurisdiction of the Sandiganbayan to sustain the charge against the private individual.