Commencement of Criminal Cases

What is criminal procedure?

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.
What is criminal procedure concerned with?

Criminal procedure is concerned with the procedural steps through which the criminal
case passes, 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 administration of criminal justice.
What are the sources of criminal procedure?

1. Spanish Law of Criminal Procedure

2. General Order No. 58, dated April 23 1900
3. Amendatory acts passed by the Philippine Commission
4. The various quasi acts, the Philippine Bill of 1902, the Jones Law of 1916, the
Tydings-McDuffie Law, and the Constitution of the Philippines
5. The Rule of Court of 1940, and the 1964, 1985, and 1988 Rules on Criminal
Procedure
6. Various Republic Acts (RA 240, Judiciary Act, RA 8249 creating the
Sandiganbayan, Speedy Trial Act)
7. Presidential Decrees
8. 1987 Constitution, particularly Art. III Bill of Rights
9. Civil Code (Art. 32, 33, 34)
10. Certain judicial decisions
11. RA 8393 The Speedy Trial Act
12. Circulars

13. The Revised Rules on Criminal Procedure (Dec 1, 2000)

What are the three systems of criminal procedure?

1. Inquisitorial the detection and prosecution of offenders are not left to the
initiative of private parties but to the officials and agents of the law. Resort is
made to secret inquiry to discover the culprit, and violence and torture are often
employed to extract confessions. The judge is not limited to the evidence
brought before him but could proceed with his own inquiry which was not
confrontative.
2. Accusatorial The accusation is exercised by every citizen or by a member of
the group to which the injured party belongs. As the action is a combat between
the parties, the supposed offender has the right to be confronted by his accuser.
The battle in the form of a public trial is judged by a magistrate who renders a
verdict. The essence of the accusatorial system is the right to be presumed
innocent. To defeat this presumption, the prosecution must establish proof of
guilt beyond reasonable doubt (moral certainty).
3. Mixed This is a combination of the inquisitorial and accusatorial systems. The
examination of defendants and other persons before the filing of the complaint or
information is inquisitorial.

The judicial set-up in the Philippines is accusatorial or adversary in nature. It

contemplates two contending parties before the court, which hears them impartially and
renders judgment only after trial.
Distinguish between criminal law and criminal procedure.

Criminal law is substantive; it defines crimes, treats of their nature, and provides for
their punishment. Criminal procedure, on the other hand, is remedial or procedural; 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, while criminal procedure
provides how the act is to be punished.
How are the rules of criminal procedure construed?

The rules of criminal procedure shall be liberally construed in favor of the accused and
strictly against the state to even the odds in favor of the accused against whom the
entire machinery of the state is mobilized.

What is jurisdiction?

Jurisdiction (in general) is the power or authority given by the law to a court or tribunal
to hear and determine certain controversies. It is the power of courts to hear and
determine a controversy involving rights which are demandable and enforceable.
Distinguish jurisdiction from venue.

Venue is defined as the particular country or geographical area in which a court with
jurisdiction may hear and determine a case. It means the place of trial. On the other
hand, jurisdiction is the power of the court to decide the case on the merits. Venue is
thus procedural, while jurisdiction is substantive. In civil cases, venue may be waived or
stipulated by the parties. On the other hand, jurisdiction is granted by law or the
Constitution and cannot be waived or stipulated.
What is criminal jurisdiction?

Criminal jurisdiction is the authority to hear and try a particular offense and impose the
punishment for it.
What are the elements of jurisdiction in criminal cases?

1. The nature of the offense and/or the penalty attached thereto

2. The fact that the offense has been committed within the territorial jurisdiction of
the court.
What are the requisites for a valid exercise of criminal jurisdiction?

1. Jurisdiction over the person

2. Jurisdiction over the territory

3. Jurisdiction over the subject matter
What is jurisdiction over the subject matter?

It is 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.
Which law determines the jurisdiction of the court the law in force at the time
of the commission of the offense or the one in force as of the time when the
action is filed?

Jurisdiction is determined by the law as of the time when the action is filed, not when
the offense was committed. The exception to this rule is where jurisdiction is dependent
on the nature of the position of the accused at the time of the commission of the
offense. In this case, jurisdiction is determined by the law in force at the time of the
commission of the offense.
What is adherence of jurisdiction?

The principle of Adherence of Jurisdiction means that once jurisdiction is vested in the
court, it is retained up to the end of the litigation. It remains with the court until the case
is finally terminated. The exception to this is where
a subsequent statute changing the jurisdiction of a court is given retroactive effect, it
can divest a court of jurisdiction over cases already pending before it before the
effectivity of the statute.
Parties to a case.

Party Litigants in Criminal and Civil Cases As mentioned, in criminal cases the State is
always a party. This is because crimes offend not only the victim, but the State which
has an interest in maintaining peace and order in society; this is why all criminal cases
are titled "People of the Philippines" versus the accused person.

The people or the State is represented by a public prosecutor (formerly called fiscal)
whose role is chiefly to prosecute the accused person by proving the charges against
him or her. Although strictly speaking the public prosecutor's job is not to seek the
conviction of the accused but to find the truth, in reality the prosecutor's disposition is
almost always to secure a conviction.

The victim of the crime is called the private offended party, but is properly considered
merely as the principal witness to the crime, assuming of course he or she is alive or
competent to testify. There are crimes, however, where there is no private offended
party and are, therefore, called public crimes, such as prostitution, illegal possession of
firearms or illegal drugs cases.

Consequences of a Criminal Case In a criminal case, if the accused person is convicted

or proven guilty, he or she will be penalized. The penalty may be a mere censure, fine,
imprisonment or even death, depending on the gravity of the crime committed. The
death penalty has been abolished in the Philippines and has been replaced by life
imprisonment as the ultimate penalty.
Procedure
Consult a lawyer

Consult a lawyer if youre unsure whether a persons actions constitute a criminal or a

civil offense. In either case, your attorney will help you through the process, protect your
interests and help you achieve the best possible resolution for the case.

File a complaint

The venue for filing a complaint depends on the nature of the case. Cases involving real
estate disputes (real actions) are filed in a proper court where the disputed property is
located.

Cases involving persons (personal actions) are filed in courts where either the
complainant or the defendant resides.

If the defendant lives outside the Philippines and the case is a personal dispute, you
may filethecomplaintin a court within your area of residence. If the case is a property
dispute, the suit may be filed in a court where the property is located.

In filing the complaint, you also need to pay schedule-based filing fees.

The case is then raffled to a judge.

Ensure summons are served

After the complaint is filed, the corresponding summons will be served upon the
defendant.

Proof of service for the summons is crucial, and without it, the case may be dismissed.
The law provides various ways for summons to be served. If the defendants
whereabouts are unknown, the law allows service by publication.

Your lawyer will exhaust all means to ensure the summons are properly served within
the allowed period so the case may flourish.

Go through pre-trial

A pre-trial that brings all parties together for a possible peaceful settlement is required
by law. The presence of both the defendant and the plaintiff is mandatory, unless their
absence is legally excused.

If the defendant fails to attend, the plaintiff may proceed to present evidence ex-parte. If
the plaintiff is absent, the case may be dismissed.

Go through trial

Evidence, rebuttal evidence and sur-rebuttals will be presented during the trial. Due to
the passage of the Judicial Affidavit Rule, a Witnesss direct testimony is now given
through written statements by using Judicial Affidavit instead of verbal direct
examination, and the witnesses may be cross-examined on his/her Judicial Affidavit.

After all evidence and affidavits have been presented and reviewed, both parties will be
required to file a written memorandum summarizing their position. The case is then
considered submitted for decision.

The Judges Decision

In some cases, the judge may render a decision based on submitted affidavits without
going through an actual trial.

Under the Constitution and Rules of Court, a decision should be rendered within 30 to
90 days after the case was submitted for decision.

Either party may file an appeal within 15 days from the receipt of the decision.If no
appeal is filed, the decision will be implemented.