This document outlines the syllabus for a Criminal Procedure course taught by Professor Tranquil S. Salvador III at the University of the Philippines. It covers several topics related to criminal procedure, including venue and jurisdiction in criminal cases, the jurisdiction of regular courts and the Sandiganbayan, the jurisdiction and procedures of the Ombudsman, complaints and informations, and the civil aspect of criminal cases. Key laws discussed include the Rules of Criminal Procedure, the Revised Penal Code, the Ombudsman Act of 1989, and relevant case laws. The syllabus provides an overview of the essential concepts and applicable laws for the course.
This document outlines the syllabus for a Criminal Procedure course taught by Professor Tranquil S. Salvador III at the University of the Philippines. It covers several topics related to criminal procedure, including venue and jurisdiction in criminal cases, the jurisdiction of regular courts and the Sandiganbayan, the jurisdiction and procedures of the Ombudsman, complaints and informations, and the civil aspect of criminal cases. Key laws discussed include the Rules of Criminal Procedure, the Revised Penal Code, the Ombudsman Act of 1989, and relevant case laws. The syllabus provides an overview of the essential concepts and applicable laws for the course.
This document outlines the syllabus for a Criminal Procedure course taught by Professor Tranquil S. Salvador III at the University of the Philippines. It covers several topics related to criminal procedure, including venue and jurisdiction in criminal cases, the jurisdiction of regular courts and the Sandiganbayan, the jurisdiction and procedures of the Ombudsman, complaints and informations, and the civil aspect of criminal cases. Key laws discussed include the Rules of Criminal Procedure, the Revised Penal Code, the Ombudsman Act of 1989, and relevant case laws. The syllabus provides an overview of the essential concepts and applicable laws for the course.
1. Isip v. People, G.R. No.. 170298, June 26, 2007 2. Landbank of the Philippines v. Belisata, G.R. No. 170298, June 26, 2007 3. Bonifacio v. RTC of Makati, G.R. No. 184800, May 05, 2010
Applicable Laws:
a.1 Section 15, Rule 110, Rules of Criminal Procedure a.2 Section 21, Chapter V, Republic Act 10175 otherwise known as the Cybercrime , Prevention Act of 2012 a.3 Section 58, Republic Act 9372 otherwise knownas the Human Security Act of 2007 a.4 Article 2, Revised Penal Code
B. Jurisdiction over the offense charged
b.1 Republic Act 7691
C.Jurisdiction to Issue Hold Departure Orders (Regular Courts Distinguished with the Sandiganbayan)
1.Mondejar v. Buban, A.M. No. MTJ-01-1349, July 12, 2001 2.Mupas v. Espanol, A.M. No. RTJ-04-1850, July 14, 2004 3.Santiago v. Vasquez, 217 SCRA 633
D.Jurisdiction over the person of the accused
1.Valdepenas v. People, G.R. No. L-20687, April 30, 1966
E.Jurisdiction determined by the allegations of the Complaint
1.Foz v. People, October 9, 2009, G.R. No. 167764
F. Creation of the Sandiganbayan
Section 4, Article XI of the 1987 Constitution Presidential Decree 1486 dated June 11, 1978 Presidential Decree 1606 dated December 10, 1978 Presidential Decree 1861 Republic Act 7995 approved March 10, 1995 Republic Act 8249 approved February 5, 1997
G.Jurisdiction of the Sandiganbayan
1. People v. Sandiganbayan, August 25, 2009, G.R. No. 167304 2. Serrana v. Sandiganbayan, January 22, 2008, G.R. 162059 3. Esquivel v. Ombudsman, September 17, 2002, G.R. 137237
H. Dismissal of the Complaint because of inordinate delay
1.Tatad v. Sandiganbayan, 159 SCRA 70 2.Cervantes v. Sandiganbayan, 307 SCRA 149
I.Jurisdiction of the Ombudsman
1. Department of Justice v. Liwag, February 11, 2005, G.R. No. 149311 2. Lazatin v. Desierto, June 5, 2009, G.R. No. 147097 3. Angeles v. Merceditas Gutierrez, G.R. Nos. 189161 & 189173, March 21, 2012 4. Busuego v. Office of the Ombudsman, G.R. No.196842, October 9, 2013
Applicable law:
i.1 Republic Act No. 6770 otherwise known as the Ombudsman Act of 1989
J.Review of Decisions of the Ombudsman
1. Antonino v. Desierto, December 18, 2008, G.R. No. 144492 2. Enemecio v. Office of the Ombudsman, G.R. No. 146731, January 13, 2004 3. Baviera v. Zoleta, G.R. NO. 169098, October 12, 2006
K.Procedure before the Ombudsman
1. Sesbreno v. Aglugub, February 28, 2005, A.M. No. MTJ 05-1581 2. Enriquez v. Caminade, A.M. NO. RTJ-05-1966, March 21, 2006
L.Power of the Secretary of Justice over Prosecutors
1. Punzalan v. de la Pena, July 21, 2004, G.R. No. 158543 2. Dino et al. v. Olivarez, G.R. No. 170447, December 04, 2009
Part II
A.Complaint or Information (Rule 110)
a.Sufficiency of Complaint or Information People v. Dimaano, 469 SCRA 647 Sasot v. People, 462 SCRA 138 Lasoy v. Zenarosa, 455 SCRA 360 People v. Batin, G.R. No. 177223, November 28, 2007 People v. Cachapero, G.R. No. 153008, May 20, 2004 Bacasmas v. Sandiganbayan, G.R. No. 189343, July 10, 2013
b.Substitution of Information Saludaga v. Sandiganbayan, G.R. No. 184537, April 23, 2010 Pacoy v. Cajigal, G.R. NO. 157472, September 28, 2007
c.Amended Information/Amendment Cabo v. Sandiganbayan, G.R. NO. 169509, June 16, 2006 Kummer v. People, G.R. No. 174461, September 11, 2013
d.Filing of Information if there is pending Motion for Reconsideration Ramiscal v. Sandiganbayan, G.R. Nos. 172476-99, September 15, 2010
e.Prescription Panaguiton v. DOJ, G.R. No. 167571, November 25, 2008 People v. Romuladez, G.R. No. 166510, April 29, 2009 Disini v. Sandiganbayan, G.R. No.169823, September 11, 2013
f.Control and Direction of Criminal Action Pinote v. Ayco, 477 SCRA 409 Bureau of Customs v. Whelan, G.R. No. 190487, April 13, 2011 Flores v. Gonzales, G.R. No. 188197, August 03, 2010
B.Civil Aspect of a Criminal Case (Rule 111)
a.Rule in Civil Liability Arising from Delict Bun Tiong v. Balboa, G.R. No. 158177, January 28, 2008
b.Independent Civil Action Simon v. Chan, G.R. No. 157547, February 23, 2011
c.Death of the Accused Asilo v. People, G.R. Nos. 159017-18, March 09, 2011 People v. Bayot, G.R. No. 200030, April 18, 2012
d.Acquittal People v. Tirso Velasco, G.R. No. 127444, September 13, 2000 Ching v. Nicdao, G.R. No. 141181, April 27, 2007 Coscoluella v. Sandiganbayan, G.R.No. 191411, July 15, 2013
e.Prejudicial Question Dreamwork Construction v. Janiola, G.R. No. 184861, June 30, 2009 Pimentel v. Pimentel, G.R. No. 172060, September 13, 2010 San Miguel Properties v. Perez, G.R. No.192253, September 18, 2013