Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Standard view
Full view
of .
Look up keyword
Like this
0 of .
Results for:
No results containing your search query
P. 1
Criminal Procedure Reviewer

Criminal Procedure Reviewer

|Views: 56|Likes:

More info:

Published by: Jahzel Dela Pena Carpio on Jun 22, 2012
Copyright:Attribution Non-commercial


Read on Scribd mobile: iPhone, iPad and Android.
download as DOC, PDF, TXT or read online from Scribd
See more
See less





What is criminal procedure?
Criminal procedure is the methodprescribed by law for the apprehensionand prosecution of persons accused of anycriminal offense and for their punishment,in case of conviction.
What is criminal procedureconcerned with?
Criminal procedure is concerned with theprocedural steps through which thecriminal case passes, commencing withthe initial investigation of a crime andconcluding with the unconditional releaseof the offender. It is a generic term usedto describe the network of laws and ruleswhich govern the proceduraladministration of criminal justice.
What are the sources of criminalprocedure?
1.Spanish Law of CriminalProcedure2.General Order No. 58, dated April23 19003.Amendatory acts passed by thePhilippine Commission4.The various quasi acts, thePhilippine Bill of 1902, the JonesLaw of 1916, the Tydings-McDuffie Law, and theConstitution of the Philippines5.The Rule of Court of 1940, andthe 1964, 1985, and 1988 Ruleson Criminal Procedure6.Various Republic Acts (RA 240, Judiciary Act, RA 8249 creatingthe Sandiganbayan, Speedy TrialAct)7.Presidential Decrees8.1987 Constitution, particularlyArt. III Bill of Rights9.Civil Code (Art. 32, 33, 34)10.Certain judicial decisions11.RA 8393 The Speedy Trial Act12.Circulars13.The Revised Rules on CriminalProcedure (Dec 1, 2000)
What are the three systems of criminal procedure?
1.Inquisitorial – the detection andprosecution of offenders are notleft to the initiative of privateparties but to the officials andagents of the law. Resort is madeto secret inquiry to discover theculprit, and violence and tortureare often employed to extractconfessions. The judge is notlimited to the evidence broughtbefore him but could proceedwith his own inquiry which wasnot confrontative.
Accusatorial – The accusation isexercised by every citizen or by amember of the group to which theinjured party belongs. As theaction is a combat between theparties, the supposed offenderhas the right to be confronted byhis accuser. The battle in theform of a public trial is judged bya magistrate who renders averdict.
The essence of theaccusatorial system is theright to be presumedinnocent.
To defeat thispresumption, the prosecutionmust establish proof of guiltbeyond reasonable doubt (moralcertainty).3.Mixed – This is a combination othe inquisitorial and accusatorialsystems. The examination of defendants and other personsbefore the filing of the complaintor information is inquisitorial. The judicial set-up in the Philippines is
accusatorial or adversary innature
. It contemplates twocontending parties before the court,which hears them impartially andrenders judgment only after trial.
Distinguish between criminal lawand criminal procedure.
Criminal law is substantive; it definescrimes, treats of their nature, and providesfor their punishment. Criminal procedure,on the other hand, is remedial orprocedural; it provides for the method bywhich a person accused of a crime isarrested, tried and punished. Criminal lawdeclares what acts are punishable, whilecriminal procedure provides how the act isto be punished.
How are the rules of criminalprocedure construed?
 The rules of criminal procedure shall beliberally construed in favor of the accusedand strictly against the state to even theodds in favor of the accused against whomthe entire machinery of the state ismobilized.
What is jurisdiction?
 Jurisdiction (in general) is the power orauthority given by the law to a court ortribunal to hear and determine certaincontroversies. It is the power of courts tohear and determine a controversyinvolving rights which are demandable andenforceable.
Distinguish jurisdiction from venue.
Venue is defined as the particular countryor geographical area in which a court with jurisdiction may hear and determine acase. It means the place of trial. On theother hand, jurisdiction is the power of thecourt to decide the case on the merits.Venue is thus procedural, while jurisdictionis substantive. In civil cases, venue maybe waived or stipulated by the parties. Onthe other hand, jurisdiction is granted bylaw or the Constitution and cannot bewaived or stipulated.
What is criminal jurisdiction?
Criminal jurisdiction is the authority tohear and try a particular offense andimpose the punishment for it.
What are the elements o jurisdiction in criminal cases?
1.The nature of the offense and/orthe penalty attached thereto2.The fact that the offense hasbeen committed within theterritorial jurisdiction of the court.
What are the requisites for a validexercise of criminal jurisdiction?
1.Jurisdiction over the person2.Jurisdiction over the territory3.Jurisdiction over the subjectmatter
What is jurisdiction over thesubject matter?
It is the power to hear and determinecases of the general class to which theproceedings in question belong and isconferred by the sovereign authority whichorganizes the court and defines its powers.
Which law determines the jurisdiction of the court the law inforce 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 whenthe offense was committed. The exceptionto this rule is where jurisdiction isdependent on the nature of the position of the accused at the time of the commissionof the offense. In this case, jurisdiction isdetermined by the law in force at the timeof the commission of the offense.
What is adherence of jurisdiction?
 The principle of Adherence of Jurisdictionmeans that once jurisdiction isvested in the court, it is retained upto the end of the litigation. Itremains with the court until the caseis finally terminated. The exceptionto this is wherea subsequent statute changing the jurisdiction of a court is given retroactiveeffect, it can divest a court of jurisdictionover cases already pending before itbefore the effectivity of the statute.
A was charged with an offensewhose penalty was below 6 years.The case was filed with the MTC.After trial, the MTC convicted him of an offense with a higher penalty. Aquestioned the conviction, claimingthat the MTC had no jurisdiction overthe offense since the penalty
prescribed for it was higher than 6years. Is A correct?
A is wrong. Jurisdiction over the subjectmatter is determined by the authority of the court to impose the penalty imposablegiven the allegation in the information. Itis not determined by the penalty that maybe meted out to the offender after trial butto the extent of the penalty which the lawimposes for the crime charged in thecomplaint.
If during the proceedings, the courtfinds that it has no jurisdiction, howshould it proceed?
Where the court has no jurisdiction, lowercourts should simply dismiss the case. Onthe other hand, the Supreme Court andthe Court of Appeals may refer the case tothe court of proper jurisdiction.
What is the jurisdiction oMunicipal Trial Courts in criminalcases?
Exclusive original jurisdiction overall
violations of city ormunicipal ordinances
committed within their respectiveterritorial jurisdiction;
Exclusive original jurisdiction
over all offenses punishablewith imprisonment notexceeding 6 years
regardless of the fine and other accessorypenalties and civil liability
Offenses involving
damage toproperty through criminalnegligence
Where the only penalty providedby law is a fine: exclusive original jurisdiction over offensespunishable with a
fine notexceeding P4,000
Election offenses:
Failure toregister or failure to vote
Special Jurisdiction to hear anddecide petitions for a writ of 
habeas corpus
or application for
in the province or city wherethe
RTC judge is absent
7.BP 22 (?)
What is the jurisdiction of RegionalTrial Courts in criminal cases?
Exclusive original jurisdiction inall criminal cases not within theexclusive jurisdiction of any court,tribunal or body, except thosefalling under the exclusive andconcurrent jurisdiction of theSandiganbayan.
All criminalcases where the penalty is higherthan 6 years, includinggovernment-related caseswherein the accused is not one of those falling under the jurisdictionof the Sandiganbayan.2.Other laws which specificallylodge jurisdiction in the RTC:a.Law on writtendefamation or libelb.Decree on IntellectualPropertyc.Dangerous Drugs Casesexcept where theoffenders are under 16and there are Juvenileand Domestic RelationsCourts in the province3.Appellate jurisdiction over allcases decided by MTCs in theirrespective territorial jurisdiction.4.In areas where there are nofamily courts, the cases fallingunder the jurisdiction of familycourts shall be adjudicated by theRTC
What is the meaning of the term“regular courts”?
Regular courts refer to civil courts asopposed to military courts or courtsmartial. Military courts have no jurisdiction over civilians.
Which court has jurisdiction over acomplex crime?
 Jurisdiction over the whole complex crimeis lodged with the trial court having jurisdiction to impose the maximum and
more serious penalty on an offenseforming part of the complex crime.
What is territorial jurisdiction?
 The requirement of territorial jurisdictionmeans that a criminal action should befiled in the place where the crime wascommitted, except in those cases providedby Article 2 of the Revised Penal Code.
How is jurisdiction over the personof the accused acquired?
 Jurisdiction over the person of the accusedis acquired upon his arrest or upon hisvoluntary appearance or submission to thecourt.
Can jurisdiction over the person of the accused be waived?
 Yes, unlike jurisdiction over the offensewhich is conferred by law or theConstitution, jurisdiction over the personof the accused may be waived.
Forexample, any objection to the procedureleading to the arrest must be opportunelyraised before the accused enters his plea,or it is deemed waived.
X was charged in court with anoffense. X filed a motion to quash onthe ground that the court had no jurisdiction over his person becausethe arrest was illegal and because theinformation was incomplete. Can Xinvoke lack of jurisdiction of the courtover his person?
No, X cannot invoke the lack o jurisdiction of the court. One who desiresto object to the jurisdiction of the courtover his person must appear in court forthat purpose only, and if he raises otherquestions, he waives the objection.
Is the presence of the accusednecessary in order for the court to acton a motion?
It is not necessary for the court to firstacquire jurisdiction over the person of theaccused to dismiss a case or grant otherrelief. The outright dismissal of the caseeven before the court acquires jurisdictionover the person of the accused is allowed,except in applications for bail, in whichcase, the presence of the accused ismandatory.
How are criminal actionsinstituted?
Criminal actions shall be instituted asfollows:(a) For offenses where a preliminaryinvestigation is required, by filing thecomplaint with the proper officer for thepurpose of conducting the requisitepreliminary investigation.(b) For all other offenses, by filing thecomplaint or information directly with theMTC or the complaint with the office of theprosecutor.
What is the effect of the institutionof the criminal action on the period of prescription of the offense?
 The institution of the criminal action shallinterrupt the running of the period of prescription of the offense unlessotherwise provided in special laws. Therule does not apply to violations omunicipal ordinances and special laws. The prescriptive periods for violations of special laws are interrupted only by theinstitution of judicial proceedings for theirinvestigation and punishment, whileviolations of municipal ordinancesprescribe after two months.
Distinguish “institution” from“commencement” of an action.
For offenses which require a preliminaryinvestigation, the criminal action isinstituted by filing the complaint forpreliminary investigation. The criminalaction is commenced when the complaintor information is filed in court.
Can the offended party go directlyto court to file a criminalaction?
No. Before a complaint is filed in court,there should have been a confrontationbetween the parties before the Luponchairman. The Lupon secretary must
certify that no conciliation or settlementwas reached, attested to by the Luponchairman. The complaint may also be filedif the settlement is repudiated by theparties.
Are there exceptions when theparties may go directly to court?
1.Where the accused is underdetention2.Where a person has otherwisebeen deprived of personal libertycalling for habeas corpusproceedings3.Where actions are coupled withprovisional remedies4.Where the action may be barredby the statute of limitations
When are amicable settlements notallowed?
1.Where one party is thegovernment2.Where one party is a publicofficer or employee and thedispute relates to theperformance of his officialfunctions3.Offenses punishable byimprisonment exceeding 1 yearor a fine exceeding P5,0004.Where there is no privateoffended party5.Where the dispute involves realproperties located in differentcities or municipalities6.Disputes involving parties whoreside in different barangays,cities, or municipalities7.Other cases which the Presidentmay determine in the interest of  justice or upon therecommendation of the Secretaryof Justice.
What is the form required for thecomplaint or information?
 The complaint or information shall be inwriting, in the name of the People of thePhilippines and against all persons whoappear to be responsible for the offenseinvolved.
Why should a complaint orinformation be in the name of the People of the Philippines?
Criminal actions must be commenced inthe name of the People because just as acrime is an outrage against the peace andsecurity of the people at large, so must itsvindication be in the name of the People.However, it the action is instituted in thename of the offended party or of aparticular city, the defect is merely of formand may be cured at any state of the trial.
Why should the complaint orinformation be in writing?
 The complaint or information should be inwriting so that the court has a basis for itsdecision, to inform the accused of thenature and cause of the accusation toallow him to present his defense, and sothat nobody will forget the charge, giventhe fallibility of human memory.
What is a complaint?
A complaint is a sworn written statementcharging a person with an offense,subscribed by the offended party, anypeace officer, or other public officercharged with the enforcement of the lawviolated.
Who may file a complaint?
 The complaint may be filed by theoffended party, any peace officer, or otherpublic officer charged with theenforcement of the law violated.
Who is the “offended party”?
 The offended party is the person actuallyinjured or whose feeling is offended. He isthe one to whom the offender is also civillyliable under Article 100 of the RPC.
If the offended party dies before heis able to file a complaint, can hisheirs file it in his behalf?
No. The right to file a criminal action ispersonal and abates upon the death of theoffended party. It is not transmissible tothe heirs.
Can you file a criminal complaintagainst a juridical person?
No, a criminal action cannot lie against a juridical person. It the corporation violatesthe law, the officer, through whom thecorporation acts, answers criminally for hisacts.
May criminal prosecutions beenjoined?
No. Public interest requires that criminalacts must be immediately investigatedand prosecuted for the protection of society.
What are the exceptions to the rulethat criminal prosecutions may not beenjoined?
1.To afford adequate protection toconstitutional rights of theaccused2.When necessary for the orderlyadministration of justice or toavoid oppression or multiplicity of actions3.Where there is a prejudicialquestion which is subjudice4.When the acts of the officer arewithout or in excess of authority5.Where the prosecution is underan invalid law, ordinance, orregulation6.When double jeopardy is clearlyapparent7.Where the court had no jurisdiction over the offense8.Where it is a case of persecutionrather than prosecution9.Where the charges are manifestlyfalse and motivated by the lustfor vengeance10.When there is clearly no primafacie case against the accusedand a motion to quash on thatground has been denied11.Preliminary injunction has beenissued by the Supreme Court toprevent the threatened unlawfularrest of petitioners.
If the complaint is not sworn to bythe offended party, is it void?
No. A complaint presented by a privateperson when not sworn to by him is notnecessarily void. The want of an oath is amere defect of form which does not affectthe substantial rights of the defendant onthe merits.
When is a complaint required?
A sworn written complaint is required if theoffense is one which
cannot beprosecuted de officio
, or is
private innature
(adultery, concubinage, abduction,seduction, acts of lasciviousness,defamation consisting in the imputation of any of the above offenses), or where itpertains to those cases which
need to beendorsed by specific publicauthorities
(Anti-Dummy Board withrespect to the Anti-Dummy Law, NationalWater and Air Pollution ControlCommission with respect to the Anti-Pollution Law).
What is an information?
An information is an accusation in writingcharging a person with an offense,subscribed by the prosecutor and filedwith the court.
What is the difference between acomplaint and an information?COMPLAINTINFORMATION
May be signed bythe offended party,any peace officer,or other publicofficer chargedwith theenforcement of thelaw violatedAlways signed byprosecuting officerSworn to by theperson signing itNeed not be underoath since theprosecuting officerfiling it is alreadyacting under hisoath of officeMay be filed eitherwith the office of the prosecutor orwith the courtAlways filed with thecourt

You're Reading a Free Preview

/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->