John Wesley School of Law and Governance

Criminal Procedure

SYLLABUS
(2nd Semester, S.Y. 2018-2019)
Part 1

Constitutional Provisions: Article III, Bill of Rights, 1987 Constitution

 Due Process Rights: Sec. 1, Sec. 14(1)

 Right Against Unreasonable Search and Seizure: Sec. 2, Sec. 3
 Right Under Custodial Investigation: Sec. 12
 Right to Bail, Liberty: Sec. 13, Sec. 15
 Rights of the Accused: Sec. 14(2), Sec. 17
 Right to Speedy Disposition of Case: Sec. 16
 Prohibition Against Cruel and Unusual Punishment: Sec. 19
 Prohibition Against Double Jeopardy: Sec. 20
 Prohibition Against Ex Post Fact Law or Bill of Attainder: Sec. 22

Remedial Law

Substantive Law and Remedial Law (Procedural, Adjective)

The Rules of Court

 Civil Action (Ordinary, Special), Special Proceedings, Criminal Action
2000 Rules of Criminal Procedure

Rules Promulgagted By Supreme Court in Criminal Cases Sec. 5(5), Article

VIII, 1987 Constitution

Jurisdiction and Hierarchy of Courts

Concept of Jurisdiction: the power conferred by law upon a court to try and
decide a case; Constitutes the basic foundation of judicial proceedings
 Original/Appellate
 Exclusive/Concurrent

Jurisdiction in Criminal Cases

 US v. Pagdayuman, 5 Phil 265 (1905): place of commission
 Lopez v. The City Judge, 18 SCRA 616 (1966): venue is
jurisdictional in criminal cases
Exceptions:
a) Art. 2, Revised Penal Code
b) Sec. 5 (4), Article VIII, 1987 Constitution: Change of
venue by Supreme Court
 c) Sec. 15 (b), Rule 110, 2000 Rules: Offenses committed in
train, aircraft, vehicle
d) Sec 15 (c), Rule 110, 2000 Rules: Offenses commited on
board a vessel
e) Sandiganbayan Cases
 Subido v. Sandiganbayam, G.R. No. 122641
January 20, 1997
 Sec. 2, R.A. 8249: Hearing in another
geographical region
f) Art. 360, Revised Penal Code, as amended by R.A. 1289
and R. A. 4363
 Agbayani v. Sayo, 89 SCRA 699
 Foz Jr. v. People, G.R. No. 167764 October 9,
2009: Need to allege private complainant’s
residence/office in Information

Crespo v. Mogul, 151 SCRA 462

Tijam v. Sibonghanoy, 23 SCRA 29
Garcia v. Sandiganbayan, G.R. No. 170122, October 12, 2009

Jurisdiction and Hierarchy of Courts

Supreme Court: Sec. 1 (Judicial Review), Sec. 4(2), Sec. 5(1),

Sec 5.(5), 1987 Constitution

Court of Appeals: B.P. 129 (Judiciary Reorganization Act of

1980

Regional Trial Courts: B.P. 129; Art 260, Revised Penal Code

Metropolitan Trial Courts, Municipal Trial Court, Municipal

Circuit Trial Courts: B.P. 129, R.A.7691 (Expanding Jurisdiction
of MetTC, MTC, MCTC)

Sandiganbayan: Sec 4, Art. XI, 1987 Constitution: P.D. 1606

amended by R.A. 7975, R.A. 8249