Criminal Procedure

The procedural steps through which a criminal case passes, commencing with
the initial investigation of a crime and concluding with the unconditional release
of the offender.
The network of laws and rules which governs the procedural administration of
criminal justice.
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.
Sources of Criminal Procedure
Rule 110 to Rule 127, of the Rules of Court of the Philippines
1987 Constitution of the Philippines
o International Law forms part of the law of the land
Its application is limited only to the subject covered
Various Acts passed by the legislature
Presidential Decrees
Administrative Circular
Decisions of the Supreme Court
Criminal Law vs Criminal Procedure
Criminal law is substantive it defines crimes, treats of their nature and provides
for their punishment; Criminal procedure is remedial it provides for the method
by which a person accused of a crime is arrested, tried and punished.
Criminal Law declares what acts are punishable; Criminal Procedure provides
how the act is to be punished.
Systems of Criminal Procedure
1. Inquisitorial
The prosecution of crimes is wholly in the hands of the prosecuting officer
and the court
The procedure is characterized by secrecy
Presences of the accused before the magistrate is not a requirement
The magistrate may proceed with the inquiry and render judgment on the
case even in the absence of the accused
Judgment does not become final until it has been ratified and confirmed by
the court of the last resort
Example
The preliminary examination conducted by a judge before the issues the warrant of
arrest
2. Accusatorial
Commenced by the complainant of the offended party, to be prosecuted by a
public prosecutor
Excluding private offenses
Accused has the right to be present at any stage of the proceedings and to be
heard personally or by counsel

Trial is conducted publicly

The right of the accused against self-incrimination is guaranteed
Accused enjoys the presumption of innocence until his guilt is proved beyond
reasonable doubt
Parties has the right to appeal
Judgment of the trial court does not require the official approval of the court
of last resort before it may attain finality

3. Mixed System
Commixture of the inquisitorial and accusatorial system
General Rule: A court proceeding is accusatorial or adversarial and not inquisitorial
in nature.
General Rule: Rules governing criminal procedure ought to be construed liberally to
protect the substantial rights of the accused.
Jurisdiction
The power or the capacity given by the law to the court or tribunal to entertain,
hear and determine certain controversies.
The authority to hear and determine a cause
The right to put on wheels of justice in motion and to proceed to the final
determination of a cause upon the pleadings and evidence
The power to hear and determine matters in controversy according to
established law and to carry the sentence or judgment of the court in execution
General Rule: A court has no jurisdiction to punish contemptuous conduct
committed against another court.
General Rule: Jurisdiction is conferred only by the Constitution or the law.
General Rule: The jurisdiction of the Court is determined by the law in force at the
time of the institution of the action.
Venue
The particular country, or geographical area, in which a court with jurisdiction
may hear and determine a case
The place of trial
Civil Cases: Venue can be waived or be the subject of an agreement
Criminal Actions: Venue cannot be waived or stipulated upon because it is an
element of jurisdiction
General Rule: Venue is jurisdictional; an essential element of jurisdiction
Jurisdiction vs Venue
Venue deals with the locality, the place where the suit may be had; jurisdiction
treats of the power of the court to decide the case on merits

Venue is procedural, jurisdiction is substantive

Actions of Court
1. Without power or jurisdiction
The act or judgment of the court is wholly void, and is as though it has not
been done
2. May exercise it wrongfully
Must be reversed upon error
3. May exercise it irregularly
Must be corrected by motion
Substantive Law
Law which creates, define and regulates rights or which regulates the rights
and duties which give rise to a cause of action
Remedial or Procedural Law
Law which prescribes the methods of enforcing rights or obtains redress for
their invasion
Purpose/Objective: to make the powers of the court fully and completely
available for justice
Criminal Jurisdiction
The power of the tribunal to hear and try a particular offense and impose the
punishment for it
Applied to criminal procedure
General Rule: A court has an abstract jurisdiction to try and decide criminal cases
for crimes committed within its territorial jurisdiction but has no power to try and
convict or acquit person, unless a complainant or information has been filed
Requisites of Criminal Jurisdiction (STP)
1. The court must have jurisdiction over the subject matter
The offense is one which the court is by law authorized to take cognizance of
The power to hear and determine cases of the general class to which the
proceedings in question belong and is conferred by the sovereign authority
which organizes the court and defines its powers
The courts jurisdiction in the first instance is determined by the facts alleged
in the complaint
2. The court must have jurisdiction over the territory where the offense
was committed
The offense must have been committed within its territorial jurisdiction or
where any of its essential ingredients took place

3. The court must have jurisdiction over the person of the accused
The person charge with the offense must have been brought to its presence
for trial, forcibly by warrant of arrest or upon his voluntary submission to the
court
Jurisdiction may be waived
How to Determine Criminal Jurisdiction
Jurisdiction is determined by the fine and imprisonment prescribe by law
o On the basis of the facts as recited in the complaint or information
constitutive of the offense charged
Jurisdiction over Continuing Crimes
General Rule: The law authorizes the prosecution of a criminal action in the place
where any of the essential ingredients of the offense took place.
There should be plurality of acts performed separately during a period of time
Unity of the penal provision infringed upon or violated
Unity of criminal intent or purpose
o 2 or more violations of the same penal provision are united in one and
the same intent leading to the preparation of the same criminal
purpose or aim
General Rule: The court where the case was first filed acquires jurisdiction over the
same to the exclusion of all other courts, provided it has custody of the accused or
has first acquired jurisdiction over his person.
How to Determine Territorial Jurisdiction
It is determined by the allegations in the information as to the situs (original
place) of the crime and this determines, in first instance, whether said court
has jurisdiction to try the case
o If the court subsequently dismisses the action upon proof that the
offense was committed outside its territory, all proceedings prior
thereto are valid.
Exceptions to Territorial Principle
1. Where the offense was committed under the exceptional circumstances
provided for in Article 2 of the Revised Penal Code
While on a Philippines ship or airship
Forge or counterfeit any coin or currency note of the Philippines or obligations
and securities issued by the government
Liable for acts connected with the introduction into these Islands of the
obligations and securities
Being public officers or employees in the exercise of their functions
Crimes against national security and the law of nations
2. In cases of piracy
Committed not against any particular state but against all mankind
Punishable in the competent tribunal of any country where the offender may
be found or into which he may be carried

No territorial limits

3. Where the offense is committed on a railroad, train, in aircraft, or in any

other public or private vehicle while in the course of its trip
May be instituted and tried in the court of any municipality or territory where
such vehicle passed during such trip, including the place of departure and
arrival.
4. Where an offense is committed on board a vessel in the course of its
voyage
May be instituted and tried in the proper court of the first port of entry or any
municipality or territory through which the vessel passed during such voyage
subject to the generally accepted principles of international law.
5. Where the Supreme Court, in the interest of truth and impartial justice,
transfers the place of trial from one place to another
To avoid a miscarriage of justice
6. In cases of written defamation
Shall be filed simultaneously or separately with the Court of First Instance of
the province or city where the libelous article is printed and first published or
where any of the offended parties resides at the time of the commission of
the offense
Judicial Power
The authority to settle justiciable controversies or disputes involving rights
that are enforceable or demandable before the courts or justice or redress of
wrongs for violations of such right
Legislative Function on Definition and Apportionment of Jurisdiction
1. Defining enforceable and demandable right and/or prescribing remedies for
violations thereof
2. Determining the court with jurisdiction to hear and decide said controversies or
disputes, in the forst instance or on appeal
Criminal Jurisdiction of Courts
a. Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit
Trial Courts
Coverage:
All violations of city or municipal ordinances committed within their
respective territorial jurisdiction
All offenses punishable with imprisonment of not exceeding 6 years (prision
correcional) irrespective of the amount of fine, and regardless of other
imposable accessory or other penalty
o Offenses involving damage to property through criminal negligence

Involving government officials and employees with salary grade below

27

b. Regional Trial Courts

Coverage:
All criminal cases wherein the penalty provided by law is higher than 6 years
o Involving government officials and employees with salary grade below
27
o Heinous crimes
o Violation of intellectual property rights
o Libel Cases
Exercise appellate jurisdiction over all cases decided by MTC
c. Family Courts
Coverage:
Criminal Cases where one or more of the accused or victims is below 18 years
of age but not less than 9 years of age at the time of the commission of the
offense
Minors cognizable under the Dangerous Drugs Act
Violations of Special Protection of Children against Child Abuse, Exploitation
and Discrimination Act
Domestic Violence against Women and Children
d. Court of Appeals
Coverage:
Issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo
warranto, and auxiliary writs of processes, whether or not in aid of its
appellate jurisdiction
Annulment of judgment of RTC
All final judgments, decisions, resolutions, orders, or awards of RTC and quasijudicial agencies, instrumentalities, boards, or commissions, except those
falling within the appellate jurisdiction of the Supreme Court in accordance
with the Constitution
e. Sandiganbayan
Coverage:
Criminal and civil cases involving graft and corrupt practices and such other
offenses committed by public officers and employees
Officials of the executive branch with salary grade 27 and higher
Appellate jurisdiction over final judgements, resolutions or orders of RTC
involving graft and corrupt practices
f. Supreme Court
Coverage:
All cases in which the constitutionality or validity of any treat, executive
agreement, law, ordinance, or executive order or regulation is in question
All cases involving legality of any tax, import, assessment, or toll, or any
penalty imposed in relation thereto

All cases in which the jurisdiction of any inferior court is in issue

All criminal cases in which the penalty imposed is reclusion perpetua or
higher
All cases in which only an error or question of law is involved

g. Katarungang Pambarangay
Coverage:
To bring the parties for amicable settlement of all disputes
Failure to observe the conciliation process is not jurisdictional