Professional Documents
Culture Documents
Cases:
Valdespenas v. People, 16 SCRA 871;
Republic v. Sunga, 162 SCRA 191;
Araula v. Espino, 28 SCRA 567;
Beltran v. Ramos, 96 Phil 149;
Fukuzume v. People, Nov. 11, 2005;
Foz Jr. & Fajardo v. People, Oct. 9, 2009;
Garcia v. Sandiganbayan, Oct. 12, 2009;
Macasaet v. People, 452 SCRA 225;
People v. Sandiganbayan, 597 SCRA 49;
People v. Rivera, 597 SCRA 49;
Bonifacio et. al. v. RTC of Makati, et. al., May 5, 2010;
Magno v. People, April 6, 2011;
People v. Cawaling, 293 SCRA 267;
Macasaet v. People, 452 SCRA 255;
Buaya v. Polo, 169 SRCA;
Geduspan v. People, 451 SCRA 187;
De Guzman v. Sandiganbayan, 256 SCRA 171
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References:
1987 Constitution, Revised Rules of Criminal Procedure (Dec. 1, 2000) Supreme Court Circulars/Adm.
Matter, SCRA; Regalado, Remedial Law Compendium; Herrera, Remedial Law IV; Pamaran, The
Rules of Criminal Procedure; Riano, Criminal Procedure
Part II. The Revised Rules of Criminal Procedure, as amended (Dec. 1, 2000)
* Institution of criminal actions for offenses cognizable by the Regional Trial Court
* Institution of criminal actions for offenses cognizable by the Municipal Trial Court/ Municipal Circuit
Trial Courts/ Metropolitan Trial Courts
Note: No direct filing in the RTC & MeTC and other chartered cities
Cases:
Zaldivia v. Reyes, 211 SCRA 277;
SEC v. Inrterport Resources Corp., Oct. 6, 2008;
Sanrio Co. Lmtd. v. Lim, Feb. 19, 2008;
Panaguiton Jr. v. DOJ, Nov. 25, 2008;
Baviera v. Paglinawan, Feb 8, 2007;
Arambulo v. Lagui, 342 SCRA 740;
People v. Bautista, Apr. 27, 2007
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.
Section 5. Who must prosecute criminal actions. Note: A.M. No. 02-2-07, effective May 1, 2002
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The power to prosecute criminal cases. Control and Supervision by the public prosecutor
Note:
Jimenez, Unlad Shipping & Management Corp., Hon. Sorongon, Dec. 5, 2012;
Tan v. Gallardo, 73 SCRA 306;
Suarez v. Platon, 69 Phil 556;
Crespo v. Mogul, 151 SCRA 462;
Dimatulac v.
Cases:
Teehankee v. Madayag, 207 SRCA 134;
Gabionza v. CA, March 30, 2001;
Chilagan v. Cattling, Nov. 16, 2001;
Matalam v. Sandiganbayan, 455 SCRA 737;
Leviste v. Alameda, Aug. 3, 2010
*Procedure for Substitution if it appears at any time before the judgment that a mistake has been
made in charging the proper offense… a new information charging the proper offenses may be filed
provided that the accused shall not be placed in double jeopardy; the court shall dismiss the original
complaint or information and may require the witnesses to give bail for their appearance at the trial.
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*Fundamental Rule. A person criminally liable is also civilly liable. When a criminal action is instituted,
the civil action for the recovery of the civil liability arising from the offenses charged shall be deemed
instituted with the criminal action.
Cases:
Ramos v. Gonong, 72 SCRA 559;
People v. Samson, 7 SCRA 478;
Capistrano v. Limcuando, 579 SCRA 176;
Heirs of F.C. Delgado v. Gonzales, 595 SCRA 501; Cruz v.
Elements:
1) The previously instituted civil action involves an issue similar or intimately related to the issue
raised in the subsequent criminal action; and
2) The resolution of such issue determines whether or not the criminal action may proceed.
Note: A.M. 05-8-26 SC, Oct. 3, 2005 (re-judges of the MTC cannot conduct preliminary investigation)
Cases:
Elma v. Jacobi, June 27, 2012;
Yusop v. Sandiganbayan, Feb. 22, 2011;
Manebo v. Acosta, 604 SCRA 618;
Ladlad v. Senior State Prosecutor Velasco, 523 SCRA 318;
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[Alcantara v. Ponce, Feb. 28,, 2007, citing U.S. case Borg v. Baker preliminary investigation
matters held to be privileged communication materials presented cannot be used as basis for libel].
Section 3. Procedure. Note: must be strictly followed Ladlad/Masa case (see above citation)
People of the Philippines v. Garfin, 426 SCRA 393;
Cruz v. Sandiganbayan, 194 SCRA 474
Public Utilities Devt. Olongapo City v. Guingona Jr., 365 SCRA 467;
Santos v. Go, 473 SCRA 350;
De Ocampo v. Sec. of Justice, 480 SCRA 71
Section 5. When warrant of arrest may be issued. – (a) By the Regional Trial Court. People v. Hon.
CA, Ting, et. al., G.R. No. 161083, Aug. 3, 2010, 626 SCRA 352 (b) By the Municipal Trial Court (c)
When warrant of arrest is not necessary.
Section 7-8.
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Section 1. Definition of arrest. The taking of a person into custody in order that he may be bound to
answer for the commission of an offense.
RA 7438 – An Act Defining Certain Rights of Person Arrested, Detained Or Under Custodial
Investigation As Well As Duties Of The Arresting Officers And Providing Penalties For Violation
Thereof.
Cases:
538 SCRA 611;
626 SCRA 633;
San Agustin v. People, Aug. 31, 2004;
People v. Alunday, Sept. 3, 2008;
623 SCRA 343;
299 SCRA 635;
163 SCRA 402;
283 SCRA 159;
301 SCRA 668;
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Objection to the illegality of arrest must be raised before arraignment, otherwise it is deemed waived.
[Sec. 26, Rule 114]
*RA 7438 – An Act Defining Certain Rights of Person Arrested, Detained Or Under Custodial
Investigation As Well As Duties Of The Arresting Officers And Providing Penalties For Violation
Thereof.
*Note: RA 7438 – An Act Defining Certain Rights of Person Arrested, Detained Or Under Custodial
Investigation As Well As Duties Of The Arresting Officers And Providing Penalties For Violation
Thereof.
Section 1. Bail defined. 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
specified.
*Fundamental Principle.
*Section 13, Art. III, 1987 Constitution; Sec. 14, Art. III, 1987 Constitution
Cases:
Paderanga v. Court of Appeals, 247 SCRA 741;
Serapio v. Sandiganbayan, 396 SRCA 443;
Commendador, et. al. v. De Villa, 200 SCRA 80;
Trillianes IV v. Hon. Pimental Sr., 556 SCRA 471;
Docena – Caspe v. Bagtas, 400 SCRA 37;
People v. Gako, 348 SCRA 334;
Leviste v. CA, 615 SCRA 619;
Leviste v. Alameda, 626 SCRA 575;
Bongcac v. Sandiganbayan, 588 SCRA 537;
403 SCRA 123;
389 SCRA 443;
521 SCRA 470;
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4 Duties of the trial judge in case an application for bail is filed by an accused charged with capital
offense:
1. Notify the fiscal about the hearing
2. Hearing
3. Decide whether the evidence of guilt is strong
4. Discharge the accused if the evidence of guilt is not strong. (Basco v. Rapatalo, March 5,
1997)
Section 15. Recognizance. An obligation of record entered into before a court guaranteeing the
appearance of the accused for trial.
*RA 6036
*Note: Sec. 14, Art. III, 1987 Constitution; RA 8493 – Speedy Trial Act
*Note: Pre-arraignment duties of the trial judge – People v. Agbayani, Jan. 16, 1998
*RA 8493 – Speedy Trial Act
(4) court must assign counsel de officio (in the event accused has no counsel) People v.
Agbayani, Jan. 16, 1998
Kinds of plea.
(1) with the consent of the offended party and the prosecutor
(2) necessarily included in the offense charged
(3) no amendment of the complaint or information is necessary.
Section 3. Plea of guilty to capital offense; reception of evidence. Duties of the trial court –
Case:
People v. Ulit, 423 SCRA 374;
People v. Tonyacao, July 7, 2004
Section 5. Withdrawal of improvident plea of guilty. Anytime before judgment of conviction becomes
final.
Sec. 10. Production or inspection of material evidence in possession of prosecution. Conditions – good
cause shown; with notice to the parties; not otherwise privileged.
Cases:
237 SCRA 685;
People v. Ong, June 21, 2004;
235 SCRA 39;
297 SCRA 679;
247 SCRA 652;
170 SCRA 489;
210 SCRA 246;
423 SCRA 374;
184 SCRA 395;
580 SCRA 279;
442 SCRA 360
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Section 3. Grounds.
Section 7. Former conviction or acquittal; double jeopardy. [Sec. 21, Art. III, 1987 Constitution]
Rationale
People v. Lacson
People vs. Badoso, July 5, 2010, 623 SCRA 580 – on “stipulation of facts”
Section 1-16. Codal. Rule: Continuous Trial until terminated. Avoidance of unnecessary dealys
Note: RA 8493 – Speedy Trial Act;
Sec. 14 (2) Art. III, 1987 Constitution; Sec. 1 (h) Rule 115
*Remedy where accused is not brought to trial within the time limit – dismissal
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Can a person be discharge from the information even without the approval of the court?
Yes. *RA 6981 – An Act Providing for a Witness Protection, Security and Benefit Program and for other
purposes
Cases:
Webb v. De Leon, 247 SCRA 652;
People v. Chavez, 397 SCRA 228;
People v. Sunga, 399 SCRA 624
Section 19. When mistake has been made in charging the proper offense. *Galvez v. CA, 237 SCRA
685
RULE 120.Judgement
Section 3. Judgment for two or more offenses. Note: Sec. 13, Rule 110
Section 4-5. Codal
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Section 7. Modification of judgment. Upon motion of the accused before the judgment becomes final or
before perfection of appeal
Section 8. Entry of judgment.
Section 9. Existing provisions governing suspension of sentence, probation and parole not affected by
the Rule.
Cases:
*People v. Mateo, 433 SCRA 640;
*People v. Ochoa, 453 SCRA 299
People of the Philippines v. Taruc, Feb. 18, 2009, 579 SCRA 682
Effect of appeal. See People v. Borromeo, 430 SCRA 533, June 3, 2004 – “In criminal cases, an
appeal throws the whole case wide open for review. The reviewing tribunal can correct errors or even
reverse the trial court’s decision on grounds other than those that the parties raise as errors.”
Balaba v. People, July 17, 2009, 593 SCRA 210, citing Melencion v. Sandiganbayan, 554 SCRA
345 – xxx while an error in designating the appellate court is not fatal to the appeal, the correction in
designating the proper appellate court should be made within the 15 day period to appeal. (note: Sec.
2, Rule 50, Rules of Court)
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*Sec. 6. When appeal is to be taken – note: Neypes, et. al. v. Court of Appeals, et. al. 469 SCRA
633
Note: Judith Yu v. Hon. Rosa Samson-Tatad, G.R. No. 170979, Feb. 9, 2011, “fresh period rule”
applicable to criminal cases as well…
Abandonment of appeal. – Note: Phil. Rabbit Bus Lines, Inc. v. People, April 14, 2004
Section 1. Uniform Procedure.*Rule – The procedure to be observed in the Metropolitan Trial Courts,
Municipal Trial Courts, Municipal Circuit Trial Courts shall be the same as in the Regional Trial Courts.
Exception – Criminal cases governed by the Revised Rules on Summary Procedure Law
Briefs. (Sections 3-7) note: Contents of the appellant’s briefs – assignment of errors, its purpose.
People v. Borromeo, 430 SCRA 533 xxx “In criminal cases, an appeal throws the whole case wide
open for review. The reviewing tribunal can correct errors or even reverse the trial court’s decision on
grounds other than those that the parties raise as errors.”
Section 1. Uniform procedure. – Unless otherwise provided by the Constitution or by law, the
procedure of the Supreme Court in original and in appealed cases shall be the same as in the Court of
Appeals. (1a)
Section 2. Review of decisions of the Court of Appeals. Note: A.M. 00-5-03, Oct. 15, 2004
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Section 3. Decision of opinion is equally divided. – When the Supreme Court en banc is equally divided
in opinion or the necessary majority cannot be had on whether to acquit the appellant, the case shall
again be deliberated upon and if no decision is reached after re-deliberation, the judgment of conviction
of the lower court shall be reversed and the accused acquitted. (3a)
Sec. 3. Composition and quorum of a division. - majority of the members who actually took part.
S3. Failure to obtain required votes in division – where the necessary majority of 3 votes is not obtained
in a case in a division, the case shall be elevated to the court en banc.
S3. 2nd Motion for Reconsideration. --- “higher interest of justice” (en banc, 2/3 votes)
-in the Division, a vote of 3 members shall be required to elevate a 2nd motion for reconsideration to the
court en banc
Rule 16. S1. Entry of Judgment. – xxx the date of entry of judgment shall be the date such decision or
resolution becomes executory, unless the court directs its immediate execution.
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Warrantless Searches –
Section 13. Search incident to the lawful arrest; Search of evidence in plain view; Search of moving
vehicles; Checkpoints; Consented warrantless searches; Searches in accordance with customs laws;
Stop and frisk (Terry Search); Exigent and emergency circumstances –
Note: Any evidence obtained arising from an illegal search and seizure shall be inadmissible as
evidence (Sec. 3 (2), Art. III, 1987 Constitution)
Section 14. Motion to quash a search warrant or to suppress evidence; where to file.
Note: Malaloan, et. al. v. CA, et. al., 232 SCRA 249
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Section 1. Availability of provisional remedies. – The provisional remedies in civil actions, insofar as
they are applicable, may be availed of in connection with the civil action deemed instituted with the
criminal action. (1a)
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