CRIMINAL PROCEDURE

CRIMINAL PROCEDURE

GENERAL MATTERS

Criminal Procedure

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
(Herrera, 2007; Pamaran, 2010).

Criminal Law v. Criminal Procedure

Criminal Jurisdiction

It is the authority to hear and try a particular offense and impose the
punishment for it (People v. Mariano, 71 SCRA 605).

Elements of criminal jurisdiction

1. Penalty
Penalty attached – The jurisdiction
jurisdiction of a Court in criminal cases is determined
determined
by the penalty imposable, and not by the penalty ultimately imposed
(Guevarra v. Almodovar, 169 SCRA 476).
2. Nature of
of the offense
offense charged.
3. Territorial jurisdiction over the place of commission of the crime.

The absence of any of these elements may be challenged by an accused at any

stage of the proceedings in the court below or on appeal. Failing to comply with

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anyone of them, the resulting judgment is void (Uy v. Court of Appeals, 276
SCRA 374).

JURISDICTION OVER THE SUBJECT MATTER

MATTER V.
V. JURISDICTION OVER THE PERSON
P ERSON
OF THE ACCUSED

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anyone of them, the resulting judgment is void (Uy v. Court of Appeals, 276
SCRA 374).

JURISDICTION OVER THE SUBJECT MATTER

MATTER V.
V. JURISDICTION OVER THE PERSON
P ERSON
OF THE ACCUSED

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REQUISITES FOR EXERCISE OF CRIMINAL JURISDICTION

JURISDICTION

Requisites for a valid exercise of criminal jurisdiction

1. Jurisdiction over the subject matter – This is the power to hear and
determine cases of general class to which the proceeding in question belongs.
The offense, by virtue of the imposable penalty or its nature, is one which the
court is by law authorized to take cognizance of.
2. Jurisdiction over the territory – The offense must have been committed or
any of its essential ingredients took place within the territorial jurisdiction of
the court. It cannot be waived and where the place of the commission was
not specifically charged, the place may be shown by evidence.
3. Jurisdiction over the person of the accused   – The person charged 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.

NOTE: GR: Questions of jurisdiction may be raised at any stage of the proceedings.

XPN: The party raising the question is guilty of estoppels or laches (Tijam v.
Sibonghanoy, 23 SCRA 29 ).
).

Tests to determine jurisdiction of the court in criminal cases

1. The geographical
geographical limits
limits of its territory
territory;;

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2. Determined
Determined by the allegations
allegations in the complaint
complaint or information not by the
results of proof or by the trial court’s appreciation of the evidence presented;
3. Determined
Determined by the nature of the offense and/ or penalty attached attached thereto
and not what may be meted out after trial; and
4. Determined
Determined by the law in force at the time of the institution
institution of the criminal
action and not at the time of its commission. Once vested it CANNOT be
withdrawn by:
a. Subsequent
Subsequent valid amendment
amendment of the informatio
information
n (People v. Chipeco, G.R.
No. 1968, March 31, 1964); or 
b. Subsequent
Subsequent statutory amendment
amendment of the rules of jurisdiction unless the
amendatory law expressly provides otherwise or is construed that it is
intended to operate to actions pending before its amendment, in which
case the court where the action is pending is ousted of jurisdiction and the
pending action will have to be transferred to the court having jurisdiction
by virtue of the amendatory law (Binay v. Sandiganbayan GR No. 120011,
October 1, 1999).

JURISDICTION OF CRIMINAL COURTS

Jurisdiction

Determined by the allegations in the complaint or information not by the results

of proof or by the trial court’s appreciation of the evidence presented (Buaya v.
Polo, G.R. No. 75097, January 26, 1989).

Determination of jurisdiction when fine is the only penalty

In cases where the only penalty provided by law is a fine, the amount thereof
shall determine the jurisdiction of the court:
1. The RTC
RTC has jurisdiction where
where the fine is more than Php 4,000 including
offenses committed by public officers and employees in relation to their
office, where the amount of the fine does not exceed Php 6,000  (SC Court
Circular No. 09-94) except in cases of criminal negligence involving damage to
property which falls under the exclusive original jurisdiction of the MTC.
2. The MTC has jurisdiction
jurisdiction where
where the fine is Php
Php 4,000 or less.

NOTE: Accessory penalties and civil liabilities are no longer determinative of criminal
jurisdiction.

Court having jurisdiction on continuing offenses

Continuing offenses are those consummated in one place, yet by the nature of
the offense, the violation of the law is deemed continuing (e.g. estafa  and
libel). As such, the courts of the territories where the essential ingredients of
the crime took place have concurrent jurisdiction. But the court which first
acquires jurisdiction excludes the other courts.

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Court having jurisdiction over crimes punishable by destierro

Where the imposable penalty is destierro, the case falls within the exclusive
jurisdiction of the MTC, considering that in the hierarchy of penalties under Art.
71 of the RPC, destierro follows arresto mayor which involves imprisonment
(People v. Eduarte, G.R. No. 88232, February 26, 1990).

Q: In complex crimes, how is the jurisdiction of a court determined? (2003

Bar Question)

A:  It is lodged with the trial court having jurisdiction to impose the maximum
and most serious penalty imposable of an offense forming part of the complex
crime. It must be prosecuted integrally and must not be divided into component
offenses which may be made subject of multiple informations brought in
different courts (Cuyos v. Garcia, G.R. No. L-46934, Apr. 15, 1988).

Q: Photokina Marketing Corporation filed a complaint for libel against Justice

Alfredo Benipayo, then chairman of the COMELEC. The Information against
Justice Benipayo was filed before the RTC despite the challenge on the
 jurisdiction of the Office of the City Prosecutor over his person being a public
official. Benipayo contends that it is the Sandiganbayan who has jurisdiction.
Do the Sandiganbayan  and RTC have concurrent jurisdiction over libel or
written defamation cases?

A:No. The grant to the Sandiganbayan of jurisdiction over offenses committed in

relation to office, did not divest the RTC of its exclusive and original jurisdiction
to try written defamation cases regardless of whether the offense is committed
in relation to office (People v. Benipayo, G.R. Nos. 154473 and 155573, April 24,
2009).

WHEN INJUNCTION MAY BE ISSUED TO RESTRAIN CRIMINAL PROSECUTION

Q: Will injunction lie to restrain the commencement of a criminal action?

Explain. (1999 Bar Question)

A: GR: Injunction cannot lie to restrain the commencement of a criminal action

because public interest requires that criminal acts be immediately investigated
and prosecuted for the protection of society [ Asutilla vs. PNB, 225 Phil. 40, 43
(1986)].

XPNs:
1. To afford adequate protection to the constitutional rights of the accused;
2. When necessary for the orderly administration of justice or to avoid
oppression or multiplicity of actions;
3. When there is a prejudicial question which is subjudice;

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4. When the acts of the officer are without or in excess of authority;

5. Where the prosecution is under an invalid law, ordinance or regulation;
6. When double jeopardy is clearly apparent;
7. Where the court has no jurisdiction over the offense;
8. Where it is a case of persecution rather than prosecution;
9. Where the charges are manifestly false and motivated by lust for vengeance;
10.When there is clearly no  prima facie case against the accused and a motion
to quash on that ground has been denied; and
11.Preliminary injunction has been issued by the SC to prevent the threatened
unlawful arrest of petitioners (People of the Philippines vs. Joseph V. Grey,
G.R. No. 180109, July 26, 2010).

PROSECUTION OF OFFENSES
RULE 110

CRIMINAL ACTIONS, HOW INSTITUTED

Criminal action

One by which the State prosecutes a person for an act or omission punishable by
law.

Institution of criminal action

Criminal actions are instituted by:

1. Filing the complaint with the proper officer for the purpose of conducting the
requisite preliminary investigation for offenses where a preliminary
investigation is required;
2. For all other offenses, by filing the complaint or information directly with the
MTC and MCTC, or the complaint with the office of the prosecutor (Sec. 1,
Rule 110);

NOTE: For Metro Manila and other chartered cities, the complaint shall be filed with
the prosecutor regardless of the imposable penalty (Sec 1b, Rule 110) , while cases
falling within the jurisdiction of the RTC are always commenced by information filed by
the prosecutor.

Direct filing of a complaint or information with the RTC or MeTC or other

chartered cities

There is no direct filing of an information or complaint with the RTC because its
jurisdiction covers offenses which require preliminary investigation.

There is likewise no direct filing with the MeTC because in Manila, including
other chartered cities. As a rule, the complaint shall be filed with the office of

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the prosecutor, unless otherwise provided by their charters. In case of conflict

between a city charter and a provision of the Rules of Court, the former, being
substantive law, prevails.

Effect of institution of a criminal action

GR: It interrupts the running of the period of prescription of the offense charged
(Sec. 1, Rule 110).

NOTE: Notably, the aforequoted article ( Art. 91, RPC), in declaring that the
prescriptive period “shall be interrupted by the filing of the complaint or
information,” does not distinguish whether the complaint is filed for preliminary
examination or investigation only or for an action on the merits. Thus, in Francisco v.
CA and People v. Cuaresma , this Court held that the filing of the complaint even
with the fiscal’s office suspends the running of the statute of limitations(Reodica v.
CA, G.R. No. 125066.  July 8, 1998).

XPN: Prescriptive periods of violations of special laws and municipal ordinances

governed by Act 3326 (An Act to Establish Periods of Prescription for Violations
Penalized by Special Laws and Municipal Ordinances and to Provide When
Prescription shall Begin to Run)  shall only be interrupted by the filing of a
complaint or information in court. The filing of a complaint with the prosecutor
or the proper officer for purposes of conducting a preliminary investigation will
not  interrupt the prescriptive period (Zaldivia v. Reyes, Jr., G.R. No. 102342,
 July 3, 1992).

Q: In offenses punishable by imprisonment not exceeding 6 years, may the

offended party go directly to court to file a criminal action?

A: GR: No. Before a complaint is filed in court, there should have been a
confrontation between the parties before the Lupon  chairman. The Lupon
secretary must certify that no conciliation or settlement was reached, attested
to by the Lupon chairman. The complaint may also be filed if the settlement is
repudiated by the parties.

XPNs:
1. Where the accused is under detention;
2. Where a person has otherwise been deprived of personal liberty calling for
habeas corpus proceedings;
3. Where actions are coupled with provisional remedies; and
4. Where the action may be barred by the statute of limitations.

Prescriptive periods of cases falling under the authority of the Lupon

The prescriptive period shall be suspended   from the time of the filing of
complaint with the Punong Barangay   which suspension shall not exceed 60 days.

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The prescriptive period shall resume upon receipt of the certificate of

repudiation or certificate to file action [Sec. 410(c), LGC].

WHO MAY FILE THEM, CRIMES THAT CANNOT BE PROSECUTED DE OFFICIO

Offense or crime that cannot be prosecuted de officio

These are crimes or offenses which cannot be prosecuted except on complaint

filed by the offended party or if the offended party is a minor, by the parents,
grandparents or the guardian.

NOTE: These are also known as private crimes.

Who may file

GR: All criminal actions initiated by complaint or information are filed by the
prosecutor.

XPNs: Private crimes which may only be prosecuted by a complaint filed by the

 private offended party , i.e.:
1. Adultery and concubinage;
2. Seduction, abduction and acts of lasciviousness; and
3. Criminal actions for defamation imputing the abovementioned offenses
(Sec. 5, Rule 110).

Party who may legally file a complaint for adultery or concubinage

Only the offended spouse may file a complaint for adultery or concubinage(Sec.
5, Rule 110).

NOTE:  The offended spouse cannot institute a criminal action for adultery without
including the guilty parties if both are alive; or if the offended party has consented to
the offense or pardoned the offenders(Sec. 5, Rule 110). If the complainant has already
been divorced, he can no longer file the complaint (Pilapil v. Somera, G.R. No. 80116,
 June 30, 1989). This is considered as lack of status.

Parties who may file a complaint for seduction, abduction or acts of

lasciviousness

1. The offended party;

2. Parents of the offended party;
3. Grandparents of the offended party; or
4. Guardian of the offended party(Sec. 5, Rule 110).

NOTE: Such crimes cannot be prosecuted if the offender has been expressly pardoned
by any of the abovementioned parties(Sec. 5, Rule 110) .

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Instances when the State may initiate the action for seduction, abduction or
acts of lasciviousness in behalf of the offended party

1. When the offended party dies or becomes incapacitated before a complaint is

filed; or
2. The offended party has no known parents, grandparents or guardian (Sec. 5,
Rule 110).

NOTE: This is pursuant to the doctrine of parens patriae.

Persons who may file a Complaint on cases of unlawful acts in RA 7610

(Special Protection of Children against Child Abuse, Exploitation and
Discrimination Act)

1. Offended party
2. Parents or guardians
3. Ascendant or collateral relative within the third degree of consanguinity
4. Officer, social worker or representative of a licensed child-caring institution
5. Officer or social worker of the Department of Social Welfare and Development
6. Barangay  chairman; or
7. At least 3 concerned, responsible citizens where the violation occurred (Sec.
27, RA 7160).

Filing a complaint by a minor for Seduction, Abduction, or Acts of

Lasciviousness

GR: The offended party, even if a minor, has the right to initiate the prosecution
of such offenses independently of his parents, grandparents or guardian.

XPNs: If the minor is:

1. Incompetent; or
2. Incapable of doing so (Sec. 5, Rule 110)

NOTE: If the minor fails to file a complaint, his parents, grandparents or guardian may
file the same. The right granted to the latter shall be excusive and successive in the
order herein provided (Sec. 5, Rule 110).

Q: Fey, a minor orphan was subjected to acts of lasciviousness performed by

her uncle Polo. She informed her grandparents but was told not to file
charges. Fey now asks you as counsel how she could make her uncle liable.
What would your advice be? Explain.

Suppose the crime committed against Fey by her uncle is rape, witnessed by
your mutual friend Isay. But this time, Fey was prevailed upon by her
grandparents not to file charges. Isay asks you if she can initiate the

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complaint against Polo. Would your answer be the same? Explain. (2000 Bar
Question)

A: The minor may file the complaint independently of her grandparents, because
she is not incompetent or incapable of doing so upon grounds other than her
minority (Sec. 5, Rule 110).

Since rape is now classified as a crime against persons under the Anti-Rape Law
of 1997 or RA 8353, Isay can initiate the complaint against Polo.

Pardon given by a minor in cases of seduction, abduction or acts of

lasciviousness

The pardon to be effective as to prevent prosecution of the accused must be

given by both parents and the offended party (U.S. v. Luna, 1 Phil. 360).

Pardon v. Consent

Parties who can give pardon

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NOTE:  The pardon shall be given before filing of the criminal complaint in court.
Pardon effected after the filing of the complaint in court does not prohibit the
continuance of the prosecution of the offense.

Subsequent marriage of the accused and offended party

GR:  The subsequent marriage between the party and the accused, even after
the filing of the complaint, extinguishes the criminal liability of the latter,
together with that of the co-principals, accomplices and accessories.

XPNs:
1. Where the marriage was invalid or contracted in bad faith in order to escape
criminal liability;
2. In “private libel” or the libelous imputation of the commission of the crimes
of concubinage, adultery, seduction, abduction, rape or acts of lasciviousness
and in slander by deed; and
3. In multiple rape, in so far as the other accused in the other acts of rape
committed by them are concerned.

Effect of desistance of the offended party in private crimes

It does not bar the People from prosecuting the criminal action, but it operates
as a waiver of the right to pursue civil indemnity.

GR: Since it is the State who is the real offended party in a criminal case, it is
the prosecutor or the Ombudsman as the case may be, or the Solicitor General
in cases before the CA or SC, who has the personality and authority to prosecute
and file a petition in behalf of the State.

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XPN: An offended party in a criminal case has sufficient personality to file a

special civil action for certiorari, even without the imprimatur of the State. In
so doing, the complainant should not bring the action in the name of the People
of the Philippines. The action may be prosecuted in the name of the said
complainant (Perez v. Hagonoy Rural Bank, Inc., G.R. No. 126210, March 9,
2000).

Effect of death of the offended party to the criminal action

1. If prior to the filing of a case in court, a complaint was already filed by the
offended party with the prosecutor, the death of the complainant will not be
sufficient justification for the dismissal of the information (People v. Ilarde,
G.R. No. L-57288, April 30, 1984); or 
2. During the pendency of the case, the death of the complainant will not
extinguish the criminal liability of the accused whether total or partial
(Donio-Teves v. Vamenta, G.R. No. L-38308, December 26, 1984).

CONTROL OF PROSECUTION

Prosecution of criminal actions

GR: The public prosecutor shall prosecute, direct and control all criminal actions
commenced by a complaint or information.

XPN: The private prosecutor (private counsel) may prosecute the case provided
that:
1. The public prosecutor has heavy work schedule; or
2. There is lack of public prosecutors;
3. The private prosecutor must be authorized in writing by the Chief
Prosecution Office or Regional State Prosecution; and
4. Such will be subject to the court’s approval (Sec. 5, Rule 110).

Prescription of the authority of the private prosecutor

The authority of the private prosecutor shall continue until the end of the trial
unless the authority is revoked or withdrawn (Sec. 5, Rule 110).

Matters within the control and supervision of the prosecutor

1. What charge to file;

2. Whom to prosecute;
3. Manner of prosecution; and
4. Right to withdraw information before arraignment even without notice and
hearing.

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NOTE: Once a complaint or information is filed in Court, any disposition of the case as
its dismissal or the conviction or acquittal of the accused rests in the sound discretion
of the Court. Although the fiscal retains the direction and control of the prosecution of
criminal cases even while the case is already in Court, he cannot impose his opinion on
the trial court. The determination of the case is within its exclusive jurisdiction and
competence. A motion to dismiss the case filed by the fiscal should be addressed to the
Court who has the option to grant or deny the same. It does not matter if this is done
before or after the arraignment of the accused or that the motion was filed after a
reinvestigation or upon instructions of the Secretary of Justice who reviewed the
records of the investigation (Crespo v. Mogul, GR L-53373 June 30, 1987).

Matters within the control of the Court after the case is filed

1. Suspension of arraignment;
2. Reinvestigation;
3. Prosecution by the fiscal;
4. Dismissal of the case; and
5. Downgrading of offense or dropping of accused even before plea.

Limitations on the Court’s power of control

1. Prosecution is entitled to notice of hearing;

2. Prosecution’s stand to maintain prosecution should be respected by the court
3. The court must make its own independent assessment of evidence in granting
or dismissing motion to dismiss. Otherwise, the judgment is void.
4. Court has authority to review the Secretary of Justice’s recommendation and
reject it if there is grave abuse of discretion (Villanueva v. Secretary of
 Justice, 475 SCRA 511).

SUFFICIENCY OF COMPLAINT OR INFORMATION

Information v. Complaint

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NOTE: The complaint contemplated under Sec. 3 is different from the complaint filed
with the Prosecutor’s office. It refers to the one filed in court for the commencement
of the criminal prosecution i.e. private crimes.

Form of a valid complaint or information

1. In writing;
2. In the name of the People of the Philippines; and
3. Against all persons responsible for the offense involved (Sec. 2, Rule 110).

Sufficiency of a Complaint or Information

It is sufficient if it states the:

1. Name of the accused;
2. Designation of the offense given by the statute;
3. Acts or omissions complained of as constituting the offense;
4. Name of the offended party;
5. Approximate date of the commission of the offense; and
6. Place where the offense was committed (Sec. 6, Rule 110).

NOTE: In case of variance between the complaint filed by the offended party and the
information in crimes against chastity, the complaint controls.

Name of the accused

The complaint or information must state the name and surname of the accused
or any appellation or nickname by which he has been or is known. If the name

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