Professional Documents
Culture Documents
CRIMINAL PROCEDURE
GENERAL MATTERS
Criminal Procedure
Criminal Procedure
Remedial
It provides how the
act is to be
punished.
It provides for the
method by which a
person accused of a
crime is arrested,
tried or punished.
Criminal Jurisdiction
It is the authority to hear and try a particular
offense and impose the punishment for it (People
v. Mariano, 71 SCRA 605).
Elements of criminal jurisdiction
1. Penalty attached The jurisdiction of a Court
in criminal cases is determined by the penalty
imposable, and not by the penalty ultimately
imposed (Guevarra v. Almodovar, 169 SCRA
476).
2. Nature of the offense charged.
3. Territorial jurisdiction over the place of
commission of the crime.
Jurisdiction over
the Person of the
Accused
May be acquired
by consent of the
accused or by
waiver
of
objections.
If he fails to make
his objection on
time, he will be
deemed to have
waived it.
Jurisdiction over
the person of the
accused is acquired
by
voluntary
appearance
or
surrender of the
accused or by his
arrest.
CRIMINAL PROCEDURE
CRIMINAL PROCEDURE
PROSECUTION OF OFFENSES
RULE 110
CRIMINAL ACTIONS, HOW INSTITUTED
Criminal action
One by which the State prosecutes a person for
an act or omission punishable by law.
CRIMINAL PROCEDURE
XPNs:
1. Where the accused is under detention;
2. Where a person has otherwise been deprived
of personal liberty calling for habeas corpus
proceedings;
3. Where actions are coupled with provisional
remedies; and
4. Where the action may be barred by the
statute of limitations.
CRIMINAL PROCEDURE
1.
2.
3.
4.
5.
6.
7.
Offended party
Parents or guardians
Ascendant or collateral relative within the
third degree of consanguinity
Officer, social worker or representative of a
licensed child-caring institution
Officer or social worker of the Department of
Social Welfare and Development
Barangay chairman; or
At least 3 concerned, responsible citizens
where the violation occurred (Sec. 27, RA
7160).
CRIMINAL PROCEDURE
b. Seduction,
1. The
offended
abduction
and
minor, if with
acts
of
sufficient
lasciviousness:
discretion,
can
validly pardon the
accused
by
herself if she has
no parents or
where
the
accused is her
own father and
her mother is
dead;
2. The
parents,
grandparents or
guardian of the
offended minor,
in that order,
extend a valid
pardon in said
crimes without
the conformity of
the
offended
party, even if the
latter is a minor;
or
3. If the offended
woman is of age
and
not
otherwise
incapacitated,
only she can
extend a valid
pardon.
Consent
Refers to future acts
In order to absolve
the accused from
liability,
it
is
sufficient even if
granted only to the
offending spouse
Crimes
CRIMINAL PROCEDURE
XPNs:
1. Where the marriage was invalid or
contracted in bad faith in order to escape
criminal liability;
2. In private libel or the libelous imputation of
the commission of the crimes of
concubinage, adultery, seduction, abduction,
rape or acts of lasciviousness and in slander
by deed; and
3. In multiple rape, in so far as the other accused
in the other acts of rape committed by them
are concerned.
CRIMINAL PROCEDURE
1. In writing;
2. In the name of the People of the Philippines;
and
3. Against all persons responsible for the
offense involved (Sec. 2, Rule 110).
1.
2.
3.
4.
5.
Suspension of arraignment;
Reinvestigation;
Prosecution by the fiscal;
Dismissal of the case; and
Downgrading of offense or dropping of
accused even before plea.
Information v. Complaint
INFORMATION
Information is an
accusation
in
writing charging a
person with an
offense,
subscribed by the
prosecutor and
filed by him with
the court (Sec. 4,
Rule 110).
COMPLAINT
Complaint is a sworn
written statement
charging a person
with an offense,
subscribed by the
offended party, any
peace officer, or
other public officer
charged with the
enforcement of the
law violated (Sec. 3).
CRIMINAL PROCEDURE
DESIGNATION OF OFFENSE
Designation of the offense
The designation of the offense given by the
statute must be stated in the complaint or
information with the averment of acts or
omissions constituting the offense and specify
the qualifying and aggravating circumstances. If
there is no designation of the offense, reference
shall be made to the section or subsection of the
statute punishing it (Sec. 8, Rule 110).
CRIMINAL PROCEDURE
CAUSE OF ACCUSATION
Cause of accusation
Negative Averments
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CRIMINAL PROCEDURE
AMENDMENT OR SUBSTITUTION OF
COMPLAINT OR INFORMATION
Amendment v. Substitution
Amendment
May involve either
formal
or
substantial changes
Amendment before
the plea is entered
can be effected
without leave of
court.
An amendment as
to form will not
require
another
preliminary
investigation and
retaking of plea of
the accused.
An
amended
information refers
to the same offense
charged in the
original information
or to an offense
which necessarily
includes
or
is
necessarily included
11
Substitution
Involves substantial
change from the
original charge
It must be with
leave of court as the
original information
has to be dismissed.
Substitution of the
information entails
another preliminary
investigation and
plea to the new
information.
Requires
or
presupposes that
the
new
information
involves a different
offense which does
not include or is not
necessarily
included in the
CRIMINAL PROCEDURE
in the original
charge,
hence
substantial
amendments to the
information after
the plea has been
taken cannot be
made over the
objection of the
accused, for if the
original would be
withdrawn,
the
accused
could
invoke
double
jeopardy.
original
charge;
hence the accused
cannot
claim
double jeopardy.
Formal Amendment
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CRIMINAL PROCEDURE
After
plea
and
during
the
trial
Kind of
amendment to
be made
1. Formal
amendment
2. Substantial
amendment
3. Substantial
amendment
which:
a. Downgrade
s
the
nature of
the offense
charged; or
b. Excludes
any
accused
from the
complaint
or
informatio
n
Formal
amendment
How
amendment
is made
Without
leave
of
court
1. Upon a
motion by
the
prosecuto
r;
2. With
notice to
the
accused;
and
3. With
leave of
court
With leave of
court; and
without
causing
prejudice to
the rights of
the accused
(Sec. 14, Rule
110).
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CRIMINAL PROCEDURE
Limitations on Substitution
1. No judgment has yet been rendered;
2. The accused cannot be convicted of the
offense charged or of any other offense
necessarily included therein; and
3. The accused would not be placed in double
jeopardy (Herrera, 2007)
A:
1. No. The information cannot be amended to
change the offense charged from homicide to
parricide. Firstly, the marriage is not a
supervening fact arising from the act
constituting the charge of homicide.
Secondly, after plea, amendments may be
done only as to matters of form. The
amendment is substantial because it will
change the nature of the offense (Dionaldo v.
Dacuycuy, G.R. No. L-55357, October 30,
1981).
2. No. Arthur can be convicted only of homicide
not of parricide which is a graver offense. The
accused has the constitutional rights of due
process and to be informed of the nature and
the cause of the accusation against him.
Period when substitution is proper
If it appears any time before judgment that a
mistake has been made in charging the proper
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CRIMINAL PROCEDURE
Alternative Answer:
Assuming that the Sandiganbayan has no
jurisdiction, the proper venue is the first RTC
in which the charge is filed [Sec. 15 (d), Rule
110].
Q: May conviction be had even if it appears that
the crime was committed not in the place
alleged in the Information?
A:
1. The proper venue is in Pasig City where the
theft of the car was committed, not in
Obando where it was cannibalized. Theft is
not a continuing offense (People v Mercado,
G.R. No. L-2760, February 11, 1950).
15
CRIMINAL PROCEDURE
XPNs:
1. From the nature of the crime and the law
defining or punishing it, no civil liability arises
in favor of the offended party, e.g. sedition,
rebellion, treason (crimes against national
security);
2. The offended party waived the right to civil
indemnity; or
3. The offended party had already instituted
separate action.
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CRIMINAL PROCEDURE
17
CRIMINAL PROCEDURE
XPNs:
1. In cases of independent civil actions based on
Arts. 32, 33, 34 and 2176 of the Civil Code;
2. In cases where the civil action presents a
prejudicial question; and
3. Where the civil action is not one intended to
enforce the civil liability arising from the
offense.
18
CRIMINAL PROCEDURE
19
CRIMINAL PROCEDURE
PREJUDICIAL QUESTION
Prejudicial question
It is an issue involved in a civil action which is
similar or intimately related to the issue raised in
a criminal action, the resolution of which
determines whether or not the criminal action
may proceed.
20
CRIMINAL PROCEDURE
PRELIMINARY INVESTIGATION
RULE 112
NATURE OF THE RIGHT
Preliminary Investigation
21
CRIMINAL PROCEDURE
When required
Preliminary Investigation is required to be
conducted before filing of complaint or
information for an offense where the penalty
prescribed by law is at least 4 years, 2 months and
1 day without regard to fine.
Period when preliminary
required to be conducted
investigation
is
XPNs:
1. Where an information or complaint is filed
pursuant to Sec. 7, Rule 112, i.e. the
complaint or information is filed directly in
court (Sec. 1, Rule 112); or
2. For cases requiring preliminary investigation,
when a person is lawfully arrested without a
warrant provided that inquest was made in
accordance with Rule 112 (Sec. 6, Rule 112).
22
CRIMINAL PROCEDURE
Purposes of
investigation
conducting
preliminary
Clarificatory Hearing
23
CRIMINAL PROCEDURE
24
CRIMINAL PROCEDURE
25
CRIMINAL PROCEDURE
REVIEW
Remedy of the aggrieved party from the
resolution of the Investigating Prosecutor as
approved by his superior
An aggrieved party may appeal by filing a verified
26
CRIMINAL PROCEDURE
27
CRIMINAL PROCEDURE
preliminary
28
CRIMINAL PROCEDURE
Inquest
29
CRIMINAL PROCEDURE
Commences
by a receipt
by inquest
officer from
the law
enforcer of
complaint/
referral
Inquest
officer
shall first
determin
e if the
arrest is
valid
When the
recommendation for
release is approved,
but the evidence
warrants the conduct
of a preliminary
investigation, the said
order shall be served
on the officer having
custody of the
detainee and shall
direct the said officer
to serve upon the
detainee the
subpoena or notice of
preliminary
investigation
Otherwise, Inquest
proper shall be
conducted
Inquest Proceeding
When the recommendation for release is
approved, but the evidence warrants the conduct
of a preliminary investigation, the said order shall
be served on the officer having custody of the
detainee and shall direct the said officer to serve
upon the detainee the subpoena or notice of
preliminary investigation.
Matters included in a referral document
1. Affidavit of arrest;
2. Investigation report;
30
CRIMINAL PROCEDURE
1. If he is confined in a hospital;
2. If he is detained in a place under maximum
security;
3. If production of the detained person will
involve security risks; or
4. If the presence of the detained person is not
feasible by reason of age, health, sex and
other similar factors (Sec.6, Part II, Manual
for Prosecutors).
Arrest
ARREST
RULE 113
31
CRIMINAL PROCEDURE
METHOD OF ARREST
1. Accused is already under detention;
2. Complaint or information was filed pursuant
to a valid warrantless arrest; and
3. Complaint or information is for an offense
penalized by fine only (Sec. 5 (c), Rule 112).
Method of Arrest
1. By actual restraint of the person to be
arrested;
2. By his submission to the custody of the
person making the arrest.
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CRIMINAL PROCEDURE
person arrested
requires.
so
33
CRIMINAL PROCEDURE
Personal knowledge
Elements of Hot Pursuit Arrest
a. An offense has been committed close
34
CRIMINAL PROCEDURE
35
CRIMINAL PROCEDURE
A:
1. No. The gun seized during the search of the
house of Bobot without a search warrant is
not admissible in evidence [Secs. 2 and 3(2),
Art. III, 1987 Constitution]. Moreover, the
search was not an incident to a lawful arrest
of a person under Sec. 12, Rule 126.
2. No. A warrantless arrest requires that the
crime has in fact just been committed and the
police arresting has personal knowledge of
facts that the person to be arrested has
committed it (Sec. 5, Rule 113).Here, the
crime has not just been committed since a
period of two days had already lapsed, and
the police arresting has no such personal
knowledge because he was not present when
the incident happened (Go v. CA, G.R. No.
106087, Jan. 11, 1995).
BY A PRIVATE PERSON
Instances when a private person may make an
arrest
1.
2.
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CRIMINAL PROCEDURE
3.
4.
5.
37
CRIMINAL PROCEDURE
Purpose
Function
Basis
Probable Cause
as determined
by the
Prosecutor
For the filing of
an information
in court by
determining
whether there is
reasonable
ground
to
believe that the
accused is guilty
of the offense
charged
and
should be held
for trial.
Executive
function
Reasonable
ground
to
believe that a
crime has been
committed.
Probable Cause
as determined
by the Judge
For the issuance
of warrant to
determine
whether there is
a necessity for
placing
the
accused under
immediate
custody in order
not to frustrate
the ends of
justice(P/Supt.
Cruz v. Judge
Areola, A.M. No.
RTJ-01-1642,
March 6, 2002).
Judicial function
BAIL
RULE 114
Bail
It is the security given for the release of a person
in custody of the law, furnished by him or a
bondsman, to guarantee his appearance before
any court as required under the conditions
prescribed under the rules (Sec. 1, Rule 114).
38
CRIMINAL PROCEDURE
Forms of bail
1. Corporate surety/ Bail bond;
a. An obligation under seal given by the
accused with one or more sureties and
made payable to the proper officer with
the condition to be void upon
performance by the accused of such acts
as he may be legally required to perform;
b. The accused goes to an authorized
bonding company and he will pay a
premium for the service which is a
percentage of the total amount of bail.
The bonding company will then go to the
court and execute an undertaking, or
"security bond" in the amount of the bail
bond in behalf of the accused, that if the
accused is needed, the bonding company
will bring him before the court;
c. If the accused jumps bail, the bond will be
NATURE
Nature of bail proceedings
The hearing of an application for bail should be
summary or otherwise in the discretion of the
court.
NOTE: By 'summary hearing' means such brief and
speedy method of receiving and considering the
evidence of guilt as is practicable and consistent with
the purpose of the hearing which is merely to
determine the weight of the evidence for the purpose
of bail (Ocampo v. Bernabe, 77 Phil. 55).
Purposes of bail
39
CRIMINAL PROCEDURE
iii.
2. Property bond;
a. The title of the property will be used as
security for the provisional liberty of the
accused which shall constitute a lien over
the property;
b. The accused shall cause the annotation of
the lien within 10 days after approval of
the bond before the:
i.
Registry of Deeds if the property is
registered; or
ii.
Registration Book in the Registry of
Deeds of the place where the land
lies and before the provincial, city
or municipal assessor on the
corresponding tax declaration if
property is not registered (Sec. 11,
Rule 114);
c. The person who undertakes the
conditions of a regular bond will be the
custodian of the accused during the time
that he is under provisional liberty.
4. Recognizance
a. An obligation of record, entered into
before some court or magistrate duly
authorized to take it with the condition to
do some particular act. It is an
undertaking of a disinterested person
with high credibility wherein he will
execute an affidavit of recognizance to
the effect that when the presence of the
accused is required in court, the
custodian will bring him to that court.
b. This is allowed for light felonies only.
NOTE: If the accused does not appear despite notice
to the custodian, or the person who executed the
recognizance does not produce the accused, he may
be cited for contempt of court. This is the remedy
because no money is involved in recognizance.
RECOGNIZANCE
An obligation of record
entered into before
some
court
or
magistrate
duly
authorized to take it
with the condition to
do some particular act,
the
most
usual
condition in criminal
cases
being
the
appearance of the
accused for trial.
Where filed
1. In the court where the case is pending; or
40
CRIMINAL PROCEDURE
A:
1. No. The rules require that the order to post
bail is upon motion of either party.
2. If Ana refuses to post bail, the court shall
commit her to prison until she complies or is
legally discharged after her testimony has
been taken (Sec. 14, Rule 119).
3. Ana may avail of the benefits under the
Witness Protection Act.
41
CRIMINAL PROCEDURE
1.
2.
3.
2.
42
CRIMINAL PROCEDURE
3.
43
CRIMINAL PROCEDURE
Remedy of the
discretionary
accused
when
bail
is
44
CRIMINAL PROCEDURE
45
CRIMINAL PROCEDURE
2.
3.
4.
Alternative Answer:
Under Circular No. 2-92, Ian is entitled to bail
because he was convicted of homicide and
hence the evidence of guilt of murder is not
strong.
2. Paul, who did not appeal, can benefit from the
decision of the CA which is favorable and
applicable to him [Sec. 11(a) Rule 122]. The
benefit will also apply to Steve even if his
appeal is dismissed because of his escape.
GUIDELINES IN FIXING AMOUNT OF BAIL
Duty of the court to fix appropriate bail
The court shall, after finding sufficient cause to
hold the accused for trial, fix the amount of bail
that the latter may post for his provisional
release, taking into account the public
prosecutor's recommendation and any relevant
data that the court may find from the criminal
information and the supporting documents
submitted with it, regarding the following:
1. Financial ability of the accused to give bail
2. Nature and circumstances of the offense
3. Penalty for the offense charged
4. Character and reputation of the accused
5. Age and health of the accused;
6. Weight of the evidence against the accused
7. Probability of the accused appearing in trial
8. Forfeiture of other bonds
9. Fact that the accused was a fugitive from
justice when arrested
10. Pendency of the cases in which the accused is
under the bond (Sec. 1 A.M. No. 12-11-2-SC).
A:
1. Yes. The CA properly denied Ian's application
for bail. The court had the discretion to do so.
Although Ian was convicted of homicide only,
since he was charged with a capital offense, on
appeal he could be convicted of the capital
offense (Obosa v. CA, G.R. No. 114350, January
16, 1997).
46
CRIMINAL PROCEDURE
47
CRIMINAL PROCEDURE
Conditional and
interlocutory. It
is
not
appealable.
Cancellation of bail
Upon:
1. Acquittal of the accused;
2. Dismissal of the case; and
3. Execution of judgment of conviction (Sec.
22, Rule 114).
NOTE: In all instances of cancellation of bail, automatic
or otherwise, it shall be without prejudice to any
liability on the part of the surety.
ORDER OF
CANCELLATION
48
CRIMINAL PROCEDURE
49
CRIMINAL PROCEDURE
2.
3.
2.
3.
3.
4.
50
CRIMINAL PROCEDURE
3.
4.
2.
Period for the issuance of ADO
Any person subject of an HDO/ WLO pursuant to
Department Order No. 41, who intends, for some
exceptional reasons, to leave the country may,
upon application under oath with the Secretary of
Justice, be issued an ADO upon submission of the
following requirements:
1.
2.
3.
4.
5.
Affidavit of Denial;
Photocopy of the page of the passport
bearing the personal details;
51
CRIMINAL PROCEDURE
Equipoise Rule
2.
Reverse trial
Reasonable doubt
The doubt engendered by an investigation of the
whole proof and an inability, after such
investigation, to let the mind rest easy upon the
certainty of guilt. Absolute certainty is not
demanded by law to convict of any criminal
charge but moral certainty is required as to every
52
CRIMINAL PROCEDURE
3.
53
CRIMINAL PROCEDURE
Confrontation
54
CRIMINAL PROCEDURE
55
CRIMINAL PROCEDURE
2.
3.
56
CRIMINAL PROCEDURE
c.
d.
e.
57
CRIMINAL PROCEDURE
2.
3.
4.
5.
6.
58
CRIMINAL PROCEDURE
7.
8.
9.
10.
11.
59
CRIMINAL PROCEDURE
3.
60
CRIMINAL PROCEDURE
When made
XPNs:
1. When an accused is under preventive
detention, his case should be raffled within 3
days from filing and accused shall be
arraigned within 10 days from receipt by the
judge of the records of the case (RA 8493
Speedy Trial Act).
2. Where the complainant is about to depart
from the Philippines with no definite date of
return, the accused should be arraigned
without delay.
3. Cases under RA 7610 (Child Abuse Act), the
trial shall be commenced within 3 days from
arraignment.
4. Cases under the Dangerous Drugs Act.
5. Cases under SC AO 104-96 ie., heinous
crimes, violations of the Intellectual Property
Rights law, these cases must be tried
continuously until terminated within 60 days
from commencement of the trial and to be
decided within 30 days from the submission
of the case.
Procedure of arraignment
1.
2.
3.
2.
3.
4.
Presence of
arraignment
the
offended
party
during
Period of arraignment
GR: Arraignment shall be made within 30 days
from the date the court acquires jurisdiction over
the person of the accused [Sec. 1(g), Rule 116].
61
CRIMINAL PROCEDURE
1.
2.
3.
4.
62
CRIMINAL PROCEDURE
4.
5.
6.
PLEA-BARGAINING
Plea
It pertains to the matter which the accused, on his
arraignment, alleges in answer to the charge
against him.
Plea Bargaining
Plea bargaining in criminal cases is a process
whereby the accused and the prosecution work a
mutually satisfactory disposition of the case
subject to court approval. It usually involves the
defendants pleading guilty to a lesser offense or
to only one or some of the counts of a multicount indictment in return for a lighter sentence
than that for the graver charge (Daan v.
Sandiganbayan GR No. 163972-77, March 28,
2008).
4.
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CRIMINAL PROCEDURE
d.
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CRIMINAL PROCEDURE
SEARCHING INQUIRY
When the accused pleads guilty to a capital
offense, the court shall:
1. Conduct a searching inquiry into the:
1. Voluntariness of the plea, and
2. Full
comprehension
of
the
consequences of the plea;
2. Require the prosecution to prove guilt and
the precise degree of his culpability;
3. Ask the accused if he desires to present
evidence in his behalf and allow him to do so
if he desires. However, the defendant after
pleading guilty may not present evidence as
would exonerate him completely from
criminal liability such as proof of selfdefense.
Searching Inquiry
In conducting a searching inquiry, the following
must be present:
1. The trial judge must satisfy himself that the
accused has pleaded guilty out of his
voluntary will;
2. That the accused is truly guilty;
3. Based on the accuseds testimony, there
exists a rational basis for a finding of guilt
(People vs. Dayot, G.R. No. 88281, July 20,
1990).
NOTE: It is more than a merely informing the accused
the fact of facing a jail sentence but also of length of
imprisonment under the law and the certainty of
serving sentence at a national penitentiary or penal
colony. Furthermore, the accused must not be under
the misconception that a plea of guilty carries with it a
more lenient treatment from the judge (People of the
Philippines vs. Dayot, G.R. No. 88281, July 20, 1990).
65
CRIMINAL PROCEDURE
66
CRIMINAL PROCEDURE
2.
3.
4.
5.
MOTION TO QUASH
RULE 117
Motion to Quash
IMPROVIDENT PLEA
Improvident plea
It is a plea without information as to all the
circumstances affecting it. It is based upon a
mistaken assumption or misleading information
or advice.
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CRIMINAL PROCEDURE
GROUNDS
Grounds for a motion to quash the complaint or
information
1. That the facts charged do not constitute an
offense;
2. That the court trying the case has no
jurisdiction over the offense charged;
3. That the court 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;
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CRIMINAL
PROCEDURE
1. The facts charged do not constitute
an
offense
It is fundamental that the complaint or
information must state every fact necessary to
make out an offense for the Constitution
guarantees that in all criminal prosecutions
the accused should be informed of the nature
and cause of the accusation against him[Sec.
14 (2) Art. III, 1987 Constitution].
It is required that the acts or omissions
complained of as constituting the offense
must be stated in ordinary and concise
language so as to enable a person of common
understanding to know what offense is
intended to be charged, and to enable the
court to pronounce judgment(Sec. 9, Rule
110).
2. Jurisdiction over the offense charged
If the trial court has no jurisdiction, but the
case was tried and decided upon the theory
that it had jurisdiction, the parties are not
barred, on appeal, from assailing such
jurisdiction, for the same must exist as a
matter of law, and may not be conferred by
consent of the parties or by estoppel.
3. Jurisdiction over the territory
In criminal proceedings, no one should be held
to answer for any crime committed by him
except in the jurisdiction where it was
committed.
4. Jurisdiction over the person of the
accused
Jurisdiction over the person is that acquired by
the voluntary appearance of a party in court
and his submission to its authority, or by the
coercive power of legal process exerted over
the person through an arrest. Unlike
jurisdiction over the subject matter and
territory, jurisdiction over the person of the
accused may be waived, either expressly or by
implication.
Test of the courts jurisdiction
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.
69
70
CRIMINAL PROCEDURE
b.
DISTINGUISHED FROM DEMURRER TO
EVIDENCE
MOTION TO
QUASH
Filed before the
defendant enters
his plea.
Does not go into
the merits of the
case
but
is
anchored
on
matters not directly
related to the
question of guilt or
innocence of the
accused.
Governed by Rule
117 of the Rules of
Court.
Does not require a
prior leave of court.
DEMURRER TO
EVIDENCE
Filed
after
the
prosecution
has
rested its case.
Based upon the
inadequacy of the
evidence adduced
by the prosecution
in support of the
accusation.
4.
5.
Governed by Rule
119 of the Rules of
Court.
May be filed by the
accused either with
leave or without
leave of court.
2.
3.
71
CRIMINAL PROCEDURE
A:
1. As counsel de officio for the accused, I can file
a motion to quash based on the ground that
the facts charged do not constitute the crime
72
CRIMINAL PROCEDURE
1.
2.
3.
4.
XPNs:
1. Double jeopardy; or
2. Criminal liability is extinguished (Sec. 6, Rule
117).
Competent Court
Valid jurisdiction
Accused was arraigned
Accused pleaded
73
CRIMINAL PROCEDURE
74
CRIMINAL PROCEDURE
Variance doctrine
An offense charged necessarily includes the
offense proved when some of the essential
ingredients or ingredients of the former as
alleged in the complaint or information constitute
the latter.
75
CRIMINAL PROCEDURE
double
jeopardy
to
Dismissal v. Acquittal
Dismissal
Does not decide on
the merits, does not
determine
the
defendants guilt or
innocence.
76
Acquittal
Always based on
the
merits.
Defendant
is
acquitted because
guilt
was
not
CRIMINAL PROCEDURE
proven
beyond
reasonable doubt.
Double
jeopardy
Double
jeopardy
will not always
always attaches.
attach.
PROVISIONAL DISMISSAL
Requisites of provisional dismissal
1. There must be a motion by the prosecution
with the express conformity of the accused,
or by the accused himself, or by both the
prosecution and the accused for a provisional
dismissal of the case;
2. The offended party is notified of the motion
for a provisional dismissal of the case;
3. The court issues an order granting the motion
and dismissing the case provisionally;
4. The public prosecutor is served with a copy of
the order of provisional dismissal of the case
(People v. Panfilo Lacson, et. al., G.R. No.
149453, April 1, 2003).
77
CRIMINAL PROCEDURE
Express consent
78
CRIMINAL PROCEDURE
Sandiganbayan;
RTC;
Metropolitan Trial Court;
Municipal Trial Court in Cities;
Municipal Trial Court and Municipal Circuit
Trial Court (Sec. 1 Rule 118).
MATTERS TO BE CONSIDERED DURING PRETRIAL
Period of pre-trial
79
CRIMINAL PROCEDURE
submitted (Sec.
Rule 18).
(Riano, 2009)
6,
Plea Bargaining
80
CRIMINAL PROCEDURE
81
CRIMINAL PROCEDURE
PRE-TRIAL ORDER
Pre-trial order
82
CRIMINAL PROCEDURE
1.
83
CRM
A
mediation
ordered by a court
to be conducted in
accordance with the
CRIMINAL PROCEDURE
has
acquired agreement of the
jurisdiction of the parties when an
dispute.
action
is
prematurely
commenced
in
violation of such
agreement
Cases which CANNOT be referred to CAM and
JDR
1. Civil cases which by law cannot be
compromised (Art. 2035, NCC);
2. Other criminal cases not covered under
paragraphs 3 to 6 above;
3. Habeas Corpus petitions;
4. All cases under RA 9262 (Violence against
Women and Children); and
5. Cases with pending application for
Restraining Orders/Preliminary Injunctions.
However, in cases covered under 1, 4 and 5
where the parties inform the court that they
have agreed to undergo mediation on some
aspects thereof, e.g., custody of minor
children, separation of property, or support
pendent lite, the court shall refer them to
mediation.
Appellate Court Mediation (ACM)
It is a mediation program in the CA, corollary to
CAM in the lower courts. It provides a conciliatory
approach in conflict resolution. Through ACM,
the CA promotes a paradigm shift in resolving
disputes from a right-based (judicial) to an
interest-based (mediation) process.
Persons qualified to serve as mediator in
appellate court mediation
Only an Appellate Mediator who is trained and
accredited by the Philippine Judicial Academy
(PHILJA) can mediate in the CA. As a basic
qualification, he/she must be a retired justice,
judge, senior member of the Bar, or senior law
professor, who possesses creative problemsolving skills and has strong interest in mediation.
84
CRIMINAL PROCEDURE
II. Resolution to
appear at the
PMC-CA
III. Agreement to
mediate
IV. Mediation
Proceedings
V. Disposition of
Cases
Division
Clerk
of
court
identifies the pending cases to
be approved by the (ponente)
Justice in charge, for decision.
Petitioner or appellant
specifies that the case is
qualified formediation.
Mediator
completes
the
proceedings within 30 days from
date of initial conference, with
extendible period of 30 days if
there is a justifiable ground.
85
CRIMINAL PROCEDURE
JDR process
Lupon Tagapamayapa
Failure to mediate
Filing of Case
Non-mediatable
Trial
Mediatable
Decision
CAM
Failure to appear
Complainant
Dismiss
the case
Defendant
Complainant
presents his
case
Compromise
agreement
Settlement cannot be
reached
JDR
Pre-trial judge as
mediator
Reaches
a
settlement
Decision
Fails
Judgment
based on
compromise
Refer the
case to
another
judge for trial
Decision
ACM:
Appeal to
CA
Reaches a
settlement
Fails
Decision
86
CRIMINAL PROCEDURE
JDR
The
mediation
process
is
also in the
lower courts
and
mediation is
conducted
just like in
CAM.
If
mediation
fails or the
parties refuse
mediation,
the case goes
back to the
judge
who
does not yet
try the case.
The
judge,
acting
sequentially
as
Conciliator,
Neutral
Evaluator and
Mediator or a
combination
of the three,
attempts to
convince the
parties
to
settle their
case
amicably. If
the parties
still refuse to
settle,
the
case
goes
back to court
for trial.
ACM
The case has
been tried
and
judgment
has
been
rendered at
the lower
courts but
has
been
appealed to
the CA.
the
parties
reached
87
CRIMINAL PROCEDURE
2.
88
CRIMINAL PROCEDURE
TRIAL
RULE 119
Trial
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.
Hearing
Hearing is not confined to trial, but embraces
several stages of litigation including the pre- trial
stage. A hearing does not necessarily imply the
presentation of oral or documentary evidence in
open court but that the parties are afforded an
opportunity to be heard (Republic v.
Sandiganbayan, 416 SCRA 133, 2003).
Procedure of trial
The trial once commenced, shall continue from
day to day as far as practicable until terminated.
However, it may be postponed for a reasonable
period of time for good cause (Sec. 2, Rule 119).
NOTE: The granting or refusal of an application for
continuance or postponement of the trial lies within
the sound discretion of the court and the discretion
will not be interfered with by mandamus or by appeal,
unless there is grave abuse of discretion.
89
CRIMINAL PROCEDURE
90
CRIMINAL PROCEDURE
1.
2.
3.
XPNs:
1. Those governed by the rules on summary
procedure;
2. Those where the penalty prescribed by law
does not exceed 6 months imprisonment or a
fine of P1,000 or both; and
3. Those authorized by the Chief Justice of the
SC (Sec. 6, RA 8493, Speedy Trial Act).
91
CRIMINAL PROCEDURE
d.
2.
3.
4.
5.
6.
be
considered
for
granting
Whether or not:
1. The failure to grant continuance would make
a continuation of the proceeding impossible
or result in a miscarriage of justice; or
2. The case, as a whole, is novel, unusual and
complex, or it is unreasonable to expect
adequate preparation within the periods of
time established therein (Sec. 4, Rule 119).
Prohibited grounds for a continuance
1. Congestion of the courts calendar or due to
lack of diligent preparation;
2. Failure to obtain available witnesses on the
part of the prosecutor (Sec. 4, Rule 119).
Time limit following an order for new trial
GR: If the accused is to be tried again pursuant to
an order for a new trial, the trial shall commence
within 30 days from notice of order.
92
CRIMINAL PROCEDURE
Conducted in the
presence of the
accused unless he
waived his right
after
reasonable
notice.
Grounds:
1. The witness is too
sick to appear at
trial.
2. He has to leave
the
Philippines
with no definite
date of return
(Sec. 15, Rule
119);
Conducted
only
before the judge or
the court where the
case is pending.
Right to crossexamine.
Hence
such statements of
the
prosecution
witnesses
may
thereafter
be
admissible in behalf
of or against the
accused.
Examination of
Prosecution
Witness
93
CRIMINAL PROCEDURE
Trial in absentia
94
CRIMINAL PROCEDURE
95
CRIMINAL PROCEDURE
1.
2.
The testimony of the accused sought to be
discharged must be susceptible of substantial
corroboration in its material points. An
example of this is where the testimony of the
discharged witness was amply supported by
the fact that various articles of the stolen
property were found secreted in the place
where he indicated them to be (U.S. vs.
Mananquil, 25 Phil. 75).
3.
4.
4. Said accused does not appear to be the most
guilty; and
The discharged defendant need not be the
least guilty; all the law requires, in order to
96
CRIMINAL PROCEDURE
XPNs:
1. When the accused fails or refuses to testify
against his co-accused in accordance with
his sworn statement constituting the basis
of his discharge (Sec. 18, Rule 119).
2. Failure to testify refers exclusively to
defendants will or fault,
3. Where an accused who turns states
evidence on a promise of immunity but later
retracts and fails to keep his part of the
agreement, his confession of his
participation in the commission of the crime
is admissible as evidence against him
(People v. Beberino GR No L-23213 October
28, 1977).
97
CRIMINAL PROCEDURE
The witness is
automatically
entitled to certain
rights and benefits.
Rules of Court
It
has
qualification.
applies
to
felonies.
is
no
It
all
No information may
thus be filed against
the witness.
There is no such
limitation. One can
be discharged as a
witness whether he
is
a
law
enforcement officer
or not.
The immunity is
granted by the
court.
The witness so
discharged
must
still apply for the
enjoyment of said
rights and benefits
in the DOJ.
He is charged in
court as one of the
accused as stated in
the information.
The charges against
him
shall
be
dropped and the
same operates as
an acquittal.
98
CRIMINAL PROCEDURE
Ground
Effect
Insufficiency of evidence
The court may dismiss the
case (Sec. 23, Rule 119).
Demurrer With
Leave of Court
If leave of court is
denied, the accused
may proceed with
presenting
his
evidence.
DEMURRER TO EVIDENCE
Demurrer to evidence
It is an objection by one of the parties in an action
to the effect that the evidence which his
adversary produced is insufficient in point of law,
whether true or not, to make out a case or sustain
the issue (Nicolas v. Sandiganbayan, 544 SCRA
324, February 11, 2008).
When made
99
Demurrer Without
Leave of Court
If
demurrer
is
denied,
it
is
tantamount to a
waiver
of
the
accuseds right to
present evidence
and
as
a
consequence the
case
will
be
submitted
for
judgment on the
basis
of
the
evidence for the
prosecution.
If
demurrer
is
granted, the case
will be dismissed,
and will result to an
acquittal of the
accused.
If
demurrer
is
consequently
granted, it will
result to acquittal of
the accused. (
CRIMINAL PROCEDURE
JUDGMENT
RULE 120
If leave of court is
granted,
the
accused may file
the demurrer to
evidence within 10
days.
The
prosecution may
however, oppose
the demurrer to
evidence within a
non-extendible
period of 10 days
from the receipt of
the demurrer (Sec.
23, Rule 119).
Judgment
It is adjudication by the court that the accused is
guilty or not guilty of the offense charged and the
imposition of the proper penalty and civil liability,
if any. It is a judicial act which settles the issues,
fixes the rights and liabilities of the parties, and is
regarded as the sentence of the law pronounced
by the court on the action or question before it
(Sec. 1, Rule 120).
Difference between a judgment and a ratio
decidendi
A judgment pronounces the disposition of the
case; while a ratio decidendi provides the basic
reason for such determination.
Final order
It disposes of the whole subject matter or
terminates a particular issue leaving nothing to
be done but to enforce by execution what has
been determined.
Motion to Dismiss
Interlocutory order
It is based on the
denial
of
the
accuseds right to
speedy
trial
characterized
by
unreasonable,
vexatious
and
oppressive
delay
without fault of the
accused, or by
unjustified
statements
that
unreasonably
prolonged the trial.
It may be filed in It is filed without
good faith with or leave of court and
without leave of before
the
court.
prosecution
has
rested its case.
100
CRIMINAL PROCEDURE
CONTENTS OF JUDGMENT
NOTE: The judgment of acquittal extinguishes the
liability of the accused for damages only when it
includes a declaration that the facts from which the
civil liability might arise did not exist. Thus, the civil
liability is not extinguished by acquittal where the
acquittal is based on reasonable doubt (PNB vs.
Catipon, 98 Phil. 286).
Contents of judgment
The judgment must state:
1. If of conviction
a. Legal qualification of the offense
constituted by the acts committed by the
accused, and the aggravating or
mitigating circumstances attending its
commission;
b. Participation of the accused whether as
principal, accomplice or accessory;
c. Penalty imposed upon the accused; and
d. Civil liability or damages caused by the
wrongful act or omission unless a
separate civil action has been reserved or
waived (Sec. 2, Rule 120).
2. If of acquittal
a. Whether 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
b. In either case, the judgment shall
determine if the act or omission from
which the civil liability might arise did
exist (Sec. 2, Rule 120).
101
CRIMINAL PROCEDURE
XPNs: When:
1. The judge is absent or outside the province or
city Judgment may be promulgated by the
clerk of court; and
2. Accused is confined or detained in another city
Judgment may be promulgated by the
executive judge of the RTC having jurisdiction
over the place of confinement or detention
(Sec. 6, Rule120).
Promulgation of judgment
102
CRIMINAL PROCEDURE
1. A judgment of acquittal.
2. Judgment is for a light offense, in which case
judgment may be promulgated in the
presence of the counsel for the accused or a
representative.
3. Accused fails to attend the promulgation
despite due notice or if he jumped bail or
escaped from prison. Notice must be given to
the bondsmen, warden, accuseds bailor and
counsel (Sec. 6, Rule 120).
Reasonable doubt
The state of the case which, after full
consideration of all evidence, leaves the mind of
the judge in such a condition that he cannot say
that he feels an abiding conviction to a moral
certainty of the truth of the charge.
FINALITY OF JUDGMENT
Finality of judgment
1. After the lapse of time for perfecting an
appeal
Appeal;
Certiorari; or
Mandamus
Mittimus
Acquittal
103
CRIMINAL PROCEDURE
ENTRY OF JUDGMENT
The recording of the judgment or order in the
book of entries of judgments shall constitute its
entry. The record shall contain the dispositive
part of the judgment order and shall be signed by
the clerk, with a certificate that such judgment or
order has become final and executory (Sec. 2,
Rule 36).
XPNs:
1. Offender has enjoyed previous suspension of
sentence.
2. Offender is convicted of crime punishable by
death or life imprisonment.
3. Offender is convicted by military tribunal.
4. Offender is already of age at the time of
sentencing even if he was minor at the time
of the commission of the crime.
Probation
104
Reconsideration
May be filed in order to correct errors of law or
fact in the judgment. It does not require any
further proceeding.
Grounds:
CRIMINAL PROCEDURE
1. Errors of law; or
2. Errors of fact (Sec. 3, Rule121).
NOTE: The principle underlying this rule is to afford
the trial court the opportunity to correct its own
mistakes and to avoid unnecessary appeals from
being taken. The grant by the court of
reconsideration should require no further
proceedings, such as taking of additional proof.
105
CRIMINAL PROCEDURE
Form of a motion
reconsideration
for
new
trial
or
It is not by itself a
ground for dismissal
of the action (People
v. Ramirez, G.R. Nos.
150079-80, June 10,
2004). It is merely an
additional ground to
buttress the defense
and not a sole
consideration
for
acquittal (People v.
Ballabare, G.R. No.
108871, November
19, 1996).
Recantation
Affidavit of
Desistance
The
complainant
states that he did not
really
intend
to
institute the case and
he is no longer
interested
in
testifying
or
prosecuting.
106
CRIMINAL PROCEDURE
2.
3.
Re-opening of the
Case
Made by the court
before
the
judgment
is
rendered in the
exercise of sound
discretion.
Does not require
the consent of the
accused; may be at
the instance of
either party who
can
thereafter
present additional
evidence.
APPEAL
RULE 122
Appeal
It is a proceeding for review by which the whole
case is transferred to the higher court for a final
determination. It is not an inherent right of a
convicted person. The right of appeal is statutory.
Only final judgments and orders are appealable.
107
CRIMINAL PROCEDURE
XPNs:
1. If the dismissal is made upon motion or with
the express consent of the accused.
WHERE TO APPEAL
Courts where appeal is taken
1. RTC, in cases decided by the MTC, MTCC,
MeTC, or MCTC;
2. CA or to the SC in the proper cases provided
by law, in cases decided by the RTC;
3. SC, in cases decided by the CA(Sec. 2,
Rule122);
4. SC, in cases decided by CTA en banc (Sec. 1
Rule 116 A.M. No. 05-11-07-CTA);
5. SC, in cases decided by Sandigan (Sec. 1 Rule
45).
CA
From decision of
How taken
1. File a notice of appeal with
the MTC;
2. Serve a copy of the notice to
the adverse party.
RTC
1. File a notice of appeal with
1. Exercising its original jurisdiction for
the RTC;
offenses with imposable penalties 2. Serve a copy of the notice to
less than reclusion perpetua or life
the adverse party.
imprisonment.
2. Exercising its appellate jurisdiction. File a petition for review under
Rule 42.
3. Where the imposable penalty is:
1. File a notice of appeal with
a. life imprisonment or reclusion
the RTC;
perpetua; or
2. Serve a copy of the notice to
the adverse party.
MTC
108
CRIMINAL PROCEDURE
4.
SC
1.
2.
3.
109
CRIMINAL PROCEDURE
Ordinary appeal;
Petition for review;
Petition for review on certiorari;
Automatic appeal.
EFFECT OF AN APPEAL
Effect of an appeal
110
CRIMINAL PROCEDURE
It is an:
1. Order in writing issued in the name of the
People of the Philippines;
2. Signed by a judge;
3. Directed to a peace officer, commanding him
to search for personal property described
therein; and
4. Bring it before the court (Sec. 1, Rule 126).
General warrant
A search warrant which vaguely describes and
does not particularize the personal properties to
be seized without definite guidelines to the
searching team as to what items might be lawfully
seized, thus giving the officers of the law
discretion regarding what articles they should
seize.
NOTE: A general warrant is not valid as it infringes on
the constitutional mandate requiring particular
description of the things to be seized.
111
CRIMINAL PROCEDURE
Searching
examination
witnesses is
necessary.
Judge is merely
called
upon
to
examine
and
evaluate the report
of the prosecutor
and the evidence.
of
not
Search Warrant
Order in writing in
the name of the
People
of
the
Philippines signed by
the
judge
and
directed to the
peace officer to
search
personal
property described
therein and to bring
it to court.
Validity is for 10 days
only.
To be served only in
daytime unless the
affidavit alleges that
the property is on
the person or in the
place
to
be
searched.
112
CRIMINAL PROCEDURE
4.
5.
6.
113
CRIMINAL PROCEDURE
7.
PROBABLE CAUSE
Probable cause
114
CRIMINAL PROCEDURE
115
CRIMINAL PROCEDURE
When:
1. A party whose premises or is entitled to the
possession thereof refuses, upon demand, to
open it;
2. Such person in the premises already knew of
the identity of the officers and of their
authority and persons;
3. The officers are justified in the honest belief
that there is an imminent peril to life or limb;
or
4. Those in the premises, aware of the presence
of someone outside, are then engaged in
activity which justifies the officers to believe
that an escape or the destruction of evidence
is being attempted.
116
CRIMINAL PROCEDURE
117
CRIMINAL PROCEDURE
7.
118
CRIMINAL PROCEDURE
NATURE
Provisional Remedies
They are those to which parties may resort for the
preservation or protection of their rights or
interests and for no other purposes during the
pendency of the action. They are applied to a
pending litigation for the purpose of securing the
judgment or preserving the status quo; and in
some cases after judgment, for the purpose of
preserving or disposing of the subject
matter(Cala v. Roldan, G.R. No. L-252, March 30,
1946).
1.
2.
3.
4.
5.
Attachment
119
CRIMINAL PROCEDURE
120
CRIMINAL PROCEDURE
121