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DEFINITION OF TERMS Crime (Criminal Wrong) An act that the law makes punishable; the breach of a legal duty

treated as the subject-matter of a criminal proceeding. (Blacks Law Dictionary, Ninth Edition) Act committed or omitted in violation of a public law (Handbook on Criminal Procedure and Pleadings, Ferdinand A. Tan) Criminal Jurisdiction A courts power to hear criminal cases. (Blacks Law Dictionary, Ninth Edition) The authority to hear and try a particular offense and impose the punishment for it. (People v. MarianoL-40527, June 30, 1976) Criminal Procedure The rules governing the mechanisms under which crimes are investigated, prosecuted, adjudicated, and punished. It includes the protection of accused persons constitutional rights. (Blacks Law Dictionary, Ninth Edition) Concerned with the procedural steps through which a criminal case passes, commencing with the initial investigation of a crime and concluding with the unconditional release of the offender. In its generic term, it describes the network of laws and rules which governs the procedural administration of criminal justice, that is, laws and court rules governing arrest, search and seizure, bail, etc. (Blacks Law Dictionary, Fifth Edition) 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. (Clarks Criminal Procedure) Criminal Proceeding A proceeding instituted to determine a persons guilt or innocence or to set a convicted persons punishment. (Blacks Law Dictionary, Ninth Edition) Felony (Major Crime; Serious Crime) A serious crime usually punishable by imprisonment for more than one year or by death. Examples include burglary, arson, rape, and murder. (Blacks Law Dictionary, Ninth Edition) Acts and omissions punishable by the Revised Penal Code. (Handbook on Criminal Procedure and Pleadings, Ferdinand A. Tan) Infraction A violation, usually of a rule or local ordinance and usually not punishable by incarceration. (Blacks Law Dictionary, Ninth Edition) An act or omission in violation of an ordinance. (Handbook on Criminal Procedure and Pleadings, Ferdinand A. Tan)

Jursidiction (Competent Jurisdiction) A courts power to decide a case or issue a decree. (Blacks Law Dictionary, Ninth Edition) The power or the capacity given by the law to a court or tribunal to entertain, hear, and determine certain controversies. (People v. Mariano, 71 SCRA 604) The authority to hear and determine a cause. (Herrera v. Barretto, 25 Phil. 245) The right to put the wheels of justice in motion and to proceed to the final determination of a cause upon the pleadings and evidence. (People v. Mariano, 71 SCRA 604) It is the power to hear and determine matters in controversy according to established rules of law and to carry the sentence or judgment of the court into execution. (Morando v. Rovira, 2 A.C.R. 811) The term includes not only the power expressly conferred by law, but all such power as may be necessary for the full exercise and enjoyment of that expressly conferred. (State ex rel. Dauphin v. Ellis, 32 So. 335, 348, 108 La. 521)

term) in a place other than prison. (Blacks Law Dictionary, Ninth Edition) Offense (Criminal Offense) A violation of the law; a crime, often a minor one. (Blacks Law Dictionary, Ninth Edition) An act or omission in violation of a special law. (Handbook on Criminal Procedure and Pleadings, Ferdinand A. Tan) Venue (Remedial Law) The particular country, or geographical area, in which a court with jurisdiction may hear and determine a case.

Misdemeanor (Minor Crime; Summary Offense) A crime that is less serious than a felony and is usually punishable by fine, penalty, forfeiture, or confinement (usually for a brief DOCTRINES FFF FERFWFSF

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DISTINCTIONS Public vs. Private Crimes

The vital and essential distinction between public and private crimes is the control which in private crimes the injured person has over the criminal liability and the responsibility of the offending person. (U.S v. Hernandez, 14 Phil 640) Accusatorial/Adversarial vs. Inquisitorial System (Revised Rules on Criminal Procedure Annotated, Pamaran) The Accusatorial/Adversarial System requires all crimes, except the so-called private offenses which must be commenced by the complaint of the offended party, to be prosecuted by a public prosecutor. The accused has the right to be present at any stage of the proceedings and to be heard personally or by counsel. Trial is conducted publicly, and the right of the accused against self-incrimination is guaranteed. Furthermore, the accused enjoys the presumption of innocence which lasts until his guilt is proved beyond reasonable doubt. The right to appeal, too, is a characteristic feature of this system, although the judgment of the trial court does not require the imprimatur of the court of last resort before it may attain finality. On the other hand, under the Inquisitorial System the prosecution of crimes is wholly in the hands of the prosecuting officer and the court. The procedure is characterized by secrecy; the presence of the accused before the magistrate is not a requirement. Indeed, the magistrate may proceed with the inquiry and render judgment on the case even in the absence of the accused. The judgment, however, does not become final until it has

been ratified and confirmed by the court of last resort. (U.S. v. Samio, 3Phil. 691) Criminal Law vs. Criminal Procedure (Revised Rules of Criminal Procedure, Pamaran) Criminal law is substantive; it defines crimes, treats of their nature and provides for their punishment. Criminal procedure on the other hand, is remedial; it provides for the method by which a person accused of a crime is arrested, tied and punished. The former declares what acts are punishable; the latter provides how the act is to be punished. Jurisdiction vs. Venue While venue is procedural, jurisdiction is substantive. Simply put, venue deals with the locality, the place where the suit may be had, while jurisdiction treats of the power of the court to decide the case on the merits. (Crisostomo v. Echiverri, [CA], 05695-SP, February 14, 1978; Sulo ng Bayan, Inc. v. Greogorio Araneta, Inc., 73 SCRA 352)

ENUMERATIONS Sources of Criminal Procedure 1. The Revised Rules on Criminal Procedure (Rules 110-127, Revised Rules of Court, as amended, Decembe1, 2000, A.M. No. 00-5-03SC) 2. The 1987 Constitution of the Philippines, more particularly under Article III (Bill of Rights) 3. The Spanish Law of Criminal Procedure (Ley de Enjuiciamento Criminal) 4. General Order No. 58, dated April 23, 1900 5. Amendatory Acts passed by the Philippine Commission (Act No. 194) 6. The various quasi acts, the Philippine Bill of 1902, the Jones Law of 1916, the Tydings-McDuffie Law, and the Constitution of the Philippines 7. The Rules of Court of 1940, and the 1964, 1985, and 1988 Rules on Criminal Procedure. 8. Various Republic Acts a. R.A. No. 240 b. New Rule 127, providing for attachment c. R.A. No. 296, Judiciary Act of 1948 defining criminal jurisdiction, and B.P. Blg. 129 as amended R.A. No. 7691 d. R.A. 8249, Creating the Sandiganbayan e. R.A. No. 8349, The Speedy Trial Act of 1998 9. Presidential Decrees a. P.D. 911 b. R.A. No. 732, regulating the authority of Prosecuting Fiscals to Conduct Preliminary Investigation 10. Arts. 32-34 of the Civil Code 11. Judicial decisions applying or interpreting our laws which form part of our legal system 12. Circulars 13. S.C. Adm. No. 02-1-18 on the Rules on Juveniles in Conflict with the Law 14. S.C. Adm. No. 004-07 on the Rule on the Examination of Child Witness 15. Republic Act No. 8369 on Family Law Three Systems of Criminal Procedure 1. Adversarial or Accusatorial A proceeding contested by parties, thereto, the function of which is, for the sole purpose of settling the dispute between the litigants, what the facts appear to be as disclosed by the materials submitted. (Parohinog v. Distileria La Fortuna Inc., 9099-R, January 21, 1954) It contemplates two contending parties before the court which hears them impartially and renders judgment only after trial.

(Queto v. Catolico, 31 SCRA 52) The essence of the accusatorial system is the right to be presumed innocent. To defeat this presumption, the prosecution must establish proof of guilt beyond reasonable doubt (moral certainty). 2. Inquisitorial A system of proof-taking used in civil law, whereby the judge conducts the trial, determines what questions to ask, and defines the scope and the extent of the inquiry. 3. Mixed This is a combination of the inquisitorial and accusatorial systems. The examination of defendants and other persons before the filing of the complaint or information is inquisitorial. KUIOIU IUO

DISCUSSIONS/EXPLANATIONS Construction of Rules (Sec 6, Rule 1 of the Rules of Court) To serve their intended purpose, the rules governing criminal procedure ought, therefore, to be constructed liberally enough to protect the substantial rights of the accused. Formal defects & technicalities which do not affect the substantial rights of the parties should be cured during the trial. Jurisdiction Vested in the Court, not in the judges. A court has no jurisdiction to punish contemptuous conduct committed against another court. One court is not the agent of another and may not for this reason punish contempt in vindication of the authority or decorum which is not its own. (People v. Alarcon, 69 Phil. 265) When Jurisdiction Attaches