TRANQUIL

SALVADOR NOTES ON
CRIMIMINAL PROCEDURE 2017

Jurisdiction

RTC- exceeding 6 years
MTC- not exceeding 6 years
• no distinction whether inside or outside manila.


Venue is jurisdictional

The place of commission is the place where the action will be instituted, for as long as
any elements of the crime has taken place therein.
Example:
Murder- the place where the killing was committed.

Exception: Transitory Offenses:
Example: BP22- may be filed in the place it was issued, place where it was
dishonored; Estafa; Section 15 covers situations involving moving vehicles, the
case can be filed any where it passes through.

But there are acts which were committed OUTSIDE ph but can still be instituted in the
ph.
Ex. Art. 2; Human Security Act in re Terrorism;

While jurisdiction is jurisdictional, the venue of TRIAL may be transferred for the safety
of the witnesses or for convenience. However, there must be a prior approval by the SC.
What is transferred is venue for purposes of TRIAL not a transfer for purposes of
instituting a case.

Prosecution of Civil Action

Is there a counter claim, cross claim or third party complaint in criminal cases? No

Do you need to reserve an independent civil action? No
Independent civil actions: Art. 32, 33, 34 and 2176 of the Civil Code

Once the criminal action is instituted, the civil action is likewise instituted unless,
reserved, waived or filed ahead of the criminal action.

Waiver: unilateral relinquishment of the civil aspect of the case by the injured party
Reservation: it must be made at any time before the prosecution COMMENCES with the
presentation of evidence. Only after termination of the Criminal case can the civil case
reserved be commenced
Filed Ahead: the civil case will be suspended once the criminal case commences.

Can a writ of amparo be consolidated with the criminal case? Yes

Prejudicial Question

1. 2 pending cases, one is criminal, other is civil
2. civil should be instituted ahead of the criminal case
3. civil action involves an issue similar or intimately related to the issues raised in
the criminal case
4. That the resolution of such civil case determines the guilt or innocence of the
accused.
The criminal case is suspended pending the determination of the civil case.

What is filed? A Motion to suspend
Where to file? It may be filed either to the office of the prosecutor or in court (before the
conclusion of the presentation of evidence by the prosecution).

Effect of Acquittal to the civil liability
IF the accused is not found to be the author of the offense,= no civil liability
IF acquittal if based on Reasonable Doubt = Civil liability may be claimed and be
established by preponderance of evidence UNLESS the court rules that the “the fact
which the civil liability might arise does not exists”

If the court rules that there is insufficiency of evidence, the injured party does not have
to file a separate case for the civil aspect. If the court renders a decision that there is no
civil liability but the injured party insists on the existence of the civil liability, the
remedy is either to file an MR or an Appeal on the civil aspect.


Institution of Criminal Action in re Prosecution of Offenses

Information

What it must contain:
Name of the Accused or his appellation
Must be sufficient in form.
Must allege the facts and the qualifying or aggravating circumstances.
Designation of the offense by statute
Cause of accusation
Language must be easily understandable
Date: generally, approximation of the date is sufficient. Exception: if date of commission
is a material element of the offense (example: infanticide, election gunban)
Place of commission: if material element of offense (ex. Arson, trespass to dwelling etc)
Name of victim

“1 offense 1 information” unless complex crime, special complex crime, failure to object.

If information is filed with RTC, itmay: Dismiss, issue a Warrant of Arrest, or Hearing to
find Probable Cause.

If information filed with MTC:
With PI- same with RTC

NO PI- Dismiss, issue a warrant of Arrest OR issue Summons, or Hearing

Summary Pro- issue a Notice to appear and file counter-affidavit; NO warrant of arrest
unless respondent does not follow court order.

Pp vs Montecalvo 2013
Information must allege qualifying circumstance of mental retardation. If no allegation
is made in the information, the court cannot appreciate such qualifying circumstance
even if the same is proven during trial.

Pp vs Valdez
Every element of the offense must be stated in the information.

Amendment of Information


No leave of court required if amendment is made before the accused enters his plea
Leave of court is required: (must be attended by a motion by the prosecutor with notice
to the offended party)
Downgrade the nature of the offense OR amendment excluding any accused

AFTER PLEA- amendment may be made only in FORM, which must be WITH LEAVE of
court, and such an amendment will not cause prejudice to the rights of the accused.

Substitution- the prosecution will withdraw the original information and file new one
which will require a new preliminary investigation and the accused must be arraigned
anew.

Where will you file your complaint? (This does not cover those that were committed
inflagrante in hot pursuit.)

MANILA or CHARTERED CITY OUTSIDE MANILA or
CHARTERED CITY
Requires PI OP OP
(4y 2 m 1d) Rule 112, Section 3 in its
entirety.
Complaint affidavit-Prosec
may dismiss or issue a
subpoena to the respondent-
Counter affidavit-Prosec
issues resolution whether
dismissing or filing info.
No PI OP OP
Rule 112, Section 3 (a) ONLY. MTC
No counter-affidavit required
(Prosec issues reso file or
dismiss)
Summary Procedure OP OP
Example: BP22 Rule 112, Section 3 (a) ONLY. MTC

Who conducts PI? Conducted by FISCAL, PROSEC, REGIONAL PRSEC, OMBUDSMAN, or

PROSEC GEN.

To whom is a complaint affidavit subscribed and sworn to? Public prosecutor. Only in his
absence can you go to notary public. Affidavit complaint must contain a certification
that the affiant voluntary executed the same, otherwise it will be dismissed.

Does all cases within the jurisdiction of the RTC require PI? GR: yes because the threshold
is 4y 2m 1 day. EX: In inflagrante or hot pursuit cases INQUEST unless the respondent
asks for a PI.

Do all cases within the jurisdiction of the MTC do not requiring a PI? Not all; MTC- 4y 2m
1d—6years= PI ; 6 months—4y 2m 1d = NO PI; below 6 months SP.
What if the penalty is purely a fine- if the fine exceeds

Last paragraph of Section 1 talks about stalling prescription:
RPC- Prescriptive period is interrupted upon filing of the complaint with the OP
SPECIAL LAWS- Panagiton case in re Pp vs pangilinan; so same as RPC
ORDINANCES- Prescriptive period is interrupted upon filing of the complaint in court
(MTC)

Which court can issue a hold departure order? Bandihar vs Buban- RTC; Santiago case-
Inherent with Sandiganbayan

Who prosecutes in court? Public Prosecutor; if there’s a private prosecutor he is under
the direct control and supervision of the public prosecutor. All proceedings conducted
in the absence of the public prosecutor is null and void. Control also covers pleadings
and motions. His signature is imperative.

When can a private prosecutor proceed on his own without the public prosecutor? If the
chief prosecutor issues a certification in favor of the private prosecutor allowing him to
prosecute without direct control and super vision of the public prosec. Private
prosecutor is still required to report to the chief prosecutor.

The private prosecutor’s participation is generally in relation to the Civil aspect of the
case even without the conformity of the public prosecutor.

Inquest

When is it conducted? Warrantless arrests (In flagrate delicto etc)
It is the determination of the inquest prosecutor whether to detain or to release for
further investigation (PI).

If the Prosec decides for detention; Two options: 1. Wait for an information to be filed in
court and then apply for Bail OR; 2. waive Art. 125 of the RPC and request for a PI.

Can a resolution ordering detention by the inquest prosecutor be the subject of a Motion
for Reconsideration? Leviste vs Alameda NO MR. Can you appeal the Inquest to the DOJ?
NO.

Jurisdiction of Sandiganbayan

SG27 or higher and act committed is related to office – SB

Threshold amount of 1M for offenses involving Bribery or Anti-graft or the recovery is
in the amount of exceeding 1M IF the Public officer is SG27 or higher.
If the amount does not exceed 1m even if SG27 or higher-RTC
If the amount is more than 1M but the officer is a SG22 – RTC
If the amount is 80M but of the officer is SG is 22 – RTC

Can SB have jurisdiction over ORDINARY OFFENSES? Yes. If public officer is SG27, and
that the ACT WAS COMMITTED IN RELATION TO THE OFFICE.
If it had not been for the office, it would not have been committed.

Who are those NOT SG27 but still falls within the Jurisdiction of SB regardless of salary
grade:
• In Executive Branch- Provincial Gov, vicegov, members of sangguniang
panlalawigan, assessors, mayor, vice mayor, members of sangguniang panlunsod,
city treasurer, engineers, other city department heads, consul, colonel, naval
captain, other higher ranks, PNP officers-provincial director or thos holding
ranks of senior superintendent or higher, Prosecutors (city, provincial) Special
prosecutor, state Prosec, President, director, trustee or manager of GOCC State
universities, educ institutions or foundations.
• Members of Congress
• Members of Judiciary except impeachable officers
• Members of Constitutional commission except impeachable officers

What if among all the public officers criminally liable only one is SG 27 and just an
accomplice? SB

What if SG 27 but there are private individuals criminally liable with him? SB

Jurisdiction of the Ombudsman

Ombudsman has jurisdiction over Misfeasance or Malfeasance of Public officer. It is not
required that the crime is committed in relation of the office for as long as you are a
Public Officer

Ombudsman Office of the Prosecution
PI PI

Admin Investigation Inquest

Prosecute Prosecute based on sec. 5
Rule 110

To conduct an Ombudsman
on its own

Filing Fee

For moral, exemplary nominal and temperate damages
NO filing fee for Actual damages

If damages was awarded by the judge but no such prayer was asked in the information-
lien on the judgment.

Filing fees is required based on all claims in BP22.


Arrest

Can objection on the admissibility of the evidence be raised first time on Appeal? No

Warrantless Arrest Rule 113 sec.5
In flagrante Delicto – In his presence
Probable cause – Not in his presence
Escapee

Estilos vs Heneroso “immediacy” from the time the crime was committed and the time
of the arrest.

Bail

Where to apply for bail? If you’re arrested in the city or municipality where the action is
pending action, Bail may be applied in said court in the specific branch. If the judge is
unavailable, the clerk of court will issue a certification that the judge is absent, only then
can bail be applied for in any court of the same level.

If you are arrested in a different city or municipality, bail may be filed before the RTC or
MTC where the arrest was made.

What if there are no RTC judge? Any MTC judge.

What if the arrest was warrantless and the arresting officer detained the respondent? Bail
should be filed in the city or municipality where the respondent was arrested and held.

What if arrest was made in Ilocos but the case was filed in Manila? The accused may
apply for bail in Ilocos but the court of Manila has the option to adopt the bail or require
a new bail.

Can the amount of bail recommended in the information be reduced? Yes, upon motion by
the accused.

Judge Maceda case if bail is a matter of right, bail cannot be deprived, but if there is
proof that the accused is a flight risk, the judge can impose a higher amount for the bail.

What if the accused has served the maximum sentence? The accused must be released
without prejudice to the continuation of the case.

What if the accused has served the minimum sentence? He could be released on a reduced
bail.

What is the difference between forfeiture and a cancellation? Forfeiture- accused is
required to appear but he fails to appear. Consequence: prosecutor may motion to have
the bond forfeited and that the accused be arrested. Bondsman will be given a chance to
explain the absence of the accused Cancellation- automatic or voluntary. Automatic if
the case against the accused is dismissed, if the accused is acquitted or if he is convicted.
Voluntary if the accused surrenders or if accused dies.

After conviction, is bail available pending application for Probation? Yes. Accused can be
released on the original bail or on recognizance while probation is being processed.

Can the illegality of the arrest, validity of the warrant or to assail the regularity or
questioning the absence of the PI be raised even on bail? Yes at any time before plea.


MATTER OF RIGHT MATTER OF DISCRETION NON BAILABLE
MTC Before and After X X
Conviction
RTC Before Conviction After Conviction Sec. 6-8
IF penalty is NOT D, L, If penalty is NOT D, L, RP Offense at the time of its
RP AND commission, the penalty
Accused is not: the offense is DEATH
Flight risk However,
Recidivist Bail is still applicable in
Habitual delinquent D, L, RP: if the evidence of
Quasi Recidivist guilt is NOT strong
through Petition for Bail.


Domingo Case: failure to give notice to Prosecutor or for failure to give him opportunity
to comment= the order granting bail or release of the accused is VOID.

Leviste vs CA: from non-bailable to bailable (Murder to Homicide)
The accused was released on Bail by the RTC because the evidence of guilt is not strong.
Trial was conducted and it was found that the crime committed is Homicide. RULE: if it
is originally non bailable, BUT AFTER CONVICTION it becomes bailable, the application
of bail should be with the appellate court and not the court of original jurisdiction.


Rights of the accused and Arraignment

Improvident plea- a plea the consequences of which is not known to the accused. It can
be withdrawn at anytime before judgment of conviction becomes final.

If the sole basis of the trial court in convicting the accused is an improvident plea, the
case will be remanded. But if the basis of the trial court is not solely based on the
improvident plea but on independent evidence that will determine the exact culpability
of the accused, the SC will not remand the case but will render a judgment.

Plea Bargaining

Until when can the accused plea guilty to a lesser offense? Pre trial, During Arraignment
or anytime before trial.

When is the presence of the offended party required? Plea to a lesser offense of the
accused, or required by the judge for the civil aspect of the offense.

Plea of guilt to a Non-capital offense
Optional. Hearing is only necessary to determine the proper imposable penalty

Plea of Guilt to a Capital Offense
There is a mandatory trial. Prosecution must present evidence. Trial is for the purpose
of establishing the exact culpability of the accused.

What if the accused wants to travel during the pendency of the criminal case in the
Sandiganbayan? SB automatically issues a HOD and Warrant of Arrest the moment the
information is filed. However, the accused may file a Motion to Travel. The accused will
be Conditionally Arraigned. Bond must be posted. If accused fails to return, Trial in
absentia.

IN regular courts, HDO is not automatically issued but is applied for by the prosecution.

Accused must inform the court if he will depart from the country. If the accused departs
without seeking approval from the court, he may be arrested even without a warrant.


Bill of Particulars
Motion for bill of particulars must be applied for BEFORE arraignment.

Arraignment may be suspended: accused is of unsound mind, Prejudicial Question,

Petition for review with the DOJ will stall or suspend the Arraignment for a period of 60
days. This is not the same with the OMB.
IN the OMB, in the admin case suspending the accused, reviewable by rule 43 to the CA;

IN final dismissal by OMB; reviewable by 43;

IN the criminal case its resolution is reviewable by rule 65 to the SC; MR is not
mandatory;

IN reprimand, forfeiture of salary, suspension for 1 month, censure—Rule 65 with the
CA because it’s immediately executory and not subject to appeal.

Motion to Quash

Filed at anytime before plea and must be in writing.

Motion to quash Provisional Dismissal
Filed before plea For as long as the case
is pending

Grounds are provided No grounds
for in sec. 3 rule 117

Can be refiled; except Can be refiled
for those that
constitutes DJ or
prescription

NO time bar (Pedro Time bar rule
case)



What if the ground for MQ is that it does not constitute an offense, should it be dismissed
immediately? NO, court will order for the information’s amendment.

Can a motion to quash be filed after a plea is entered? GR: NO, Exception: Lack of
jurisdiction, JD, Prescription, or it does not constitute an offense.

Is there motion to dismiss in Criminal Cases? Yes. Grounds: violation of Rule 119 Sec. 9
Speedy trial, Demurrer to Evidence, if accused becomes a state witness, violation of
Speedy disposition, Absence of probably cause in the issuance of warrant of arrest.

Provisional Dismissal

Requires no ground, may be revived by the prosecutor.
Any dismissal with the consent of the accused will not bar revival neither will it lead to
double jeopardy.
Time Bar: 1 or 2 years
if the penalty of the offense charged exceeding 6 years, the dismissal shall be permanent
after 2 years.
If the penalty of the offense charged does not exceed 6 years, the dismissal shall be
permanent after 1 year.
COUNTED FROM THE TIME OF ISSUANCE, not from the time of receipt of the fiscal.

Does it require a new preliminary investigation? General rule: NO; exception: witnesses
recanted, new witnesses emerge, other persons charged under new complaint, under
new complaint, original charge was upgraded, or that the criminal liability was changed
from accomplice to principal.

Can a case be provisionally dismissed more than once? Yes

Remedy: insist on the trial, then file a motion to dismiss based on speedy trial.

Can MR be filed in the office of the prosecutor? Yes. But it will not stop the filing of the
information before the courts. Same in the ombudsman.

Motion to withdraw the information based on the finding of the DOJ of absence of
probable case—Judge must still make an independent personal determination and
should not merely adopt the finding s of the DOJ.


Pre-Trial

Just like in civil procedure, there is Preliminary conference for stipulations, admissions,
marking of evidence, naming of witnesses.

GR: Criminal cases cannot be compromised. But there are also certain cases, which are
Mediatable, like: BP22, Estafa, Theft, Defamation as to the civil case. (Qualified Theft is
NOT mediatable.)

JDR- court will try to settle the civil aspect.



Trial

Can the public be excluded? Yes if the case is sensitive and offensive to morals. (Example.
Rape case)

Ampatuan Massacre case: live streaming okay? Yes but only in this case. Pro Hac Vice

Can a testimony in another judicial proceeding be used in a pending criminal case? YES,
whether judicial or admin For as long as there’s an opportunity to cross examine and
involves the same subject matter or parties.

Is the appearance of the accused waiveable during trial? Yes if it is stipulated in the
conditions of bail.

Is the accused entitled to a counsel? Yes counsel de parte. If can’t afford, the court will
provide a counsel de officio.

Can CA appoint Counsel de officio? Yes. If accused is detained and signs an appeal

Can SC appoint Counsel de officio? Yes

Can there be a reversal of trial? Yes. Subject to the discretion of the court if the accused
can present exculpatory evidence (self defense etc)

Speedy Trial

Arrest Arraignment Pre-Trial Trial Judgment
30 days



80 days 180 days


Reason why cases drags so long: EXCLUSIONS in Rule 119 Section 3
Violation of Speedy trial can be invoked at any time before Trial.
Speedy Disposition

Extends to judicial, Quasi judicial, administrative cases. Grounds: vexatious, capricious
and oppressive delays.

IF the motion to dismiss is granted on the ground of violation of right to speedy trial or
speedy disposition of the case, it has a weight of an Acquittal.

What if Denied? In ST- Remedy is Rule 65; In SDC- Habeas Corpus.

What is the remedy if the accused continues to be detained despite granting MD in
Violation of right to ST or SDC? Writ of Habeas Corpus

State witness requisites: (same requisites in WPP)
1. Absolute necessity
2. No direct evidence
3. Can be corroborated in its material points
4. Not the most guilty
5. Not convicted of a crime of moral turpitude

You can have more than 1 state witness
Accused discharged will amount to an acquittal.
Accused must have been arraigned in order for double jeopardy to attach.
Applicant must submit an affidavit, if the court rejects it, contents thereof are
inadmissible.


State witness Witness protection
Under rule 119 program state witness

Application is made in Application is made with
court the DOJ

Before discharge, Respondent will not be
Applicant is included in included in the
the information information

Demurrer to Evidence

Ground: Insufficiency of evidence

Is leave of court required? No. HOWEVER failure to file a demurrer with leave of court
has a negative effect:

W/ leave
Granted = Acquittal
Denied = defense may still present evidence

W/o leave
Granted = Acquittal
Denied = Accused is deemed to have waived right to present evidence

Remedy: Certiorari

Court can motu proprio dismiss the case if after the presentation of evidence by the
prosecution, it finds that there is no sufficient evidence to support conviction.


Judgment

What is promulgation of judgment? The judgment will be read to the accused.
Appearance of the accused is a must, except for light offenses.

IF the accused jumps bail, the promulgation will be sent to the bondsman.

IF accused is convicted of a crime of Murder, Plunder, Rape; no bail can be availed of
even on appeal.

Can judgment be modified? Yes, at anytime before judgment becomes final

What if there is a variance between that charged and that proven? GR: The accused can
only be convicted of an offense when it is BOTH charged and proved. Exception:
variance (Charge is INCLUDED or necessarily INCLUDES the offense proved= accused
will be convicted for the offense that is proven if included in the offense charged, or of
the offense charged which is included in the offense proved.

Technicque= conviction for the offense PROVED, but the penalty cannot be more than
the offense charged. So it is always the offense with the lesser penalty.

A variance in THE MODE OF COMMISSION is binding upon the accused if he fails to
object to evidence showing that the crime was committed in a different manner than
that was alleged.


Post Judgment Remedies

1. MR- errors of facts or law

2. MNT- NDE or Errors of Law, or Irregularities in the proceeding

3. Appeal

Appeal


SC SC SC

Rule 45

CA (AB) CA PET.REV CA (x-render CA SB
nor enter)
Notice of Appeal Automatic Notice of Appeal
review
RTC (memo) RTC RTC RTC RTC RTC

Notice of appeal Death Life/RP D, L, RP
MTC MTC



Apply If SB is exercising Original Jurisdiction
But do not appeal to the CA, go straight to SC.

Accused is convicted and applied for probation, one of the accused is acquitted. Can he
enjoy the benefits of acquittal? NO, he already processed the Probation.

3 out of 4 appealed, but one of them filed the wrong mode of appeal, can he enjoy the
benefits of the favorable judgment? NO, an accused can only enjoy the benefits if he is a
NON appealing accused.

SEARCHES AND SEIZURE

Where do you apply for a search warrant? To the court with which the territorial
jurisdiction the crime was committed.

Can you go outside of the territorial jurisdiction of the court where the crime is
committed? Yes, for Compelling reasons, for as long as the court within the same
judicial region issues it.

When can Manila or QC issue Search warrant anywhere in ph? If any of the following
crimes are committed: heinous crimes, illegal gambling, illegal possession of firearms,
violations of AMLA, CDDA, IPC, and the CMTA.


What is the nature of a search warrant? It is a special judicial process.. Phil. Shell case
(2015) issuance of a search warrant is inherent to a court.

Requisites:
1. Issued upon probable cause
2. Probable cause must be personally determined by the Judge
3. Describe the place to be searched or things or items to be seized with
particularity
• Quantity is not necessary in drugs cases
4. Judge must PERSONALLY examine the applicant and the witnesses he may
produce under oath
• Failure= quashal of the warrant

When is motion to suppress evidence available? When the object has been seized and you
don’t want the court to consider it.

Search as an incident of a lawful arrest=There must be a valid prior valid arrest.

IN a buy bust operation, do we need to follow the Two witness rule? NO it is under
warrantless arrest.

Chain of Custody Rule

It is the duty of the police officers to take a picture and MARK the substance in the
presence of the Media, rep. of barangay, rep. of DOJ

If there is an interruption on the chain= Inadmissible

SC RELAXED the rule: for as long as the genuineness and authenticity is maintained, the
court may still consider the illegal substance as evidence.

PROVISIONAL REMEDIES

Grounds for attachment in civil procedure is the same in criminal procedure.

















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