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 of the 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 of 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