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Criminal Procedure

A. General matters

1. Distinguish jurisdiction over subject matter from jurisdiction over person of the
accused
2. Requisites for exercise of criminal jurisdiction
3. Jurisdiction of criminal courts
4. When injunction may be issued to restrain criminal prosecution
5. Venue in Criminal Cases is Jurisdictional

1. Isip v. People, G.R. No.. 170298, June 26, 2007
2. Landbank of the Philippines v. Belisata, G.R. No. 170298, June 26, 2007

6. Jurisdiction to Issue Hold Departure Orders
1. Mondejar v. Buban, A.M. No. MTJ-01-1349, July 12, 2001

7.Jurisdiction determined by the allegations of the Complaint
1. Foz v. People, October 9, 2009, G.R. No. 167764

8. Jurisdiction of the Sandiganbayan
1. People v. Sandiganbayan, August 25, 2009, G.R. No. 167304
2. Serrana v. Sandiganbayan, January 22, 2008, G.R. 162059
3. Esquivel v. Ombudsman, September 17, 2002, G.R. 137237

9. Jurisdiction of the Ombudsman
1. Department of Justice v. Liwag, February 11, 2005, G.R. No. 149311
2. Lazatin v. Desierto, June 5, 2009, G.R. No. 147097
3. Presidential Ad-Hoc Fact Finding Committee v. Desierto, July 24, 2007
4. Castro v. Deloria, January 27, 2009, G.R. No. 163586

10. Review of Decisions of the Ombudsman
1. Antonino v. Desierto, December 18, 2008, G.R. No. 144492

11. Procedure before the Ombudsman
1. Sesbreno v. Aglugub, February 28, 2005, A.M. No. MTJ 05-1581


12. Power of the Secretary of Justice over Prosecutors
1. Punzalan v. de la Pena, July 21, 2004, G.R. No. 158543

13. Role of the Office of the Solicitor General in Criminal Cases
1. People v. Duca, October 9, 2009, G.R. No. 171175

B. Prosecution of offenses

1. Criminal actions, how instituted
2. Who may file them, crimes that cannot be prosecuted de officio
b. Filing of Information if there is pending Motion for Reconsideration
i. Ramiscal v. Sandiganbayan, G.R. Nos. 172476-99, September 15, 2010

3. Criminal actions, when enjoined
4. Control of prosecution
a. Pinote v. Ayco, 477 SCRA 409

5. Sufficiency of complaint or information
a. People v. Dimaano, 469 SCRA 647
b. Sasot v. People, 462 SCRA 138
c. Lasoy v. Zenarosa, 455 SCRA 360

6. Designation of offense
7. Cause of the accusation
8. Duplicity of the offense; exception
9. Amendment or substitution of complaint or information

a. Saludga v. Sandiganbayan, G.R. No. 184537, April 23, 2010
b. Bonifacio v. RTC of Makati, G.R. No. 184800, May 5, 2010

10. Venue of criminal actions
11. Intervention of offended party
12. Prescription
a. Panaguiton v. DOJ, G.R. No. 167571, November 25, 2008


C. Prosecution of civil action

1. Rule on implied institution of civil action with criminal action
2. When civil action may proceed independently
3. When separate civil action is suspended
4. Effect of the death of accused or convict on civil action
5. Prejudicial question
a. Jose v. Suarez 2010
6. Rule on filing fees in civil action deemed instituted with the criminal action

D. Preliminary investigation

1. Nature of right
2. Purposes of preliminary investigation
3. Who may conduct determination of existence of probable cause
4. Resolution of investigation prosecutor
5. Review
6. When warrant of arrest may issue
7. Cases not requiring a preliminary investigation
8. Remedies of accused if there was no preliminary investigation
9. Inquest

CASES:

a. Community Rural Bank v. Talavera, 455 SCRA 34
b. Serag v. Court of Appeals, 473 SCRA 590
c. Soriano v. People, G.R. No.162336, February 1, 2010
d. Samuel Lee v. KBC Bank, G.R. No. 164673, January 15, 2011
e. Okabe v. Gutierrez, May 27, 2004, G.R.No. 150185

E. Arrest
1. Arrest, how made
2. Arrest without warrant, when lawful
3. Method of arrest
a) By officer with warrant
b) By officer without warrant
c) By private person

CASES:
a. People v. De Leon , G.R. No. 169858, January 26, 2010
b. People v. Laguio, March 16, 2007, G.R. No. 128587
c. Valdez v. People, G.R.170180, November 23, 2007
d. Rolito Go v. Court of Appeals, G.R.No.101837, February 11, 1992

4. Requisites of a valid warrant of arrest
5. Determination of probable cause for issuance of warrant of arrest
6. Distinguish probable cause of fiscal from that of a judge

F. Bail

1. Nature
2. When a matter of right; exceptions
3. When a matter of discretion
4. Hearing of application for bail in capital offenses
5. Guidelines in fixing amount of bail
6. Bail when not required
7. Increase or reduction of bail
8. Forfeiture and cancellation of bail
9. Application not a bar to objections in illegal arrest, lack of or irregular preliminary
Investigation
10. Hold departure order & bureau of immigration watch list

CASES:

a. Mabutas v. Perello, A.M.-RTJ No. 03-1817, June 8, 2005.
b. Leviste v. Court of Appeals, G.R. No.181922, March 17, 2010
c. Domingo v. Pagayatan, A.M.-RTJ No.03-1751, June 10, 2003
d. Lachica v. Tormis, A.M.-RTJ No. 05-1609September 20, 2005
e. Serapio v. Sandiganbayan, G.R. No. 148468, January 28, 2003

G. Rights of the accused

1. Rights of accused at the trial
2. Rights of persons under custodial investigation

a. Crisostomo v. Sandiganbayan, 456 SCRA 45
b. Andrado v. People, 452 SCRA 685
c. Olivarez v. Court of Appeals, 465 SCRA 465
d. Libuit v. People, 469 SCRA 510
e. Magtolis v. Salud, 469 SCRA 439
f. Herrera v. Alba, 460 SCRA 197
g. Yulo v. People, 452 SCRA 705
h. Petition for Radio and Television Coverage of the Multiple Murder Cases
Against Maguindanao Governor Ampatuan, June 2011

H. Arraignment and plea

1. Arraignment and plea, how made
2. When should plea of not guilty be entered
3. When may accused enter a plea of guilty to a lesser offense
4. Accused plead guilty to capital offense, what the court should do
5. Searching inquiry
6. Improvident plea
7. Grounds for suspension of arraignment

I. Motion to quash

1. Grounds
2. Distinguish from demurrer to evidence
3. Effects of sustaining the motion to quash
4. Exception to the rule that sustaining the motion is not a bar to another prosecution
5. Double jeopardy
6. Provisional dismissal

J. Pre-trial

1. Matters to be considered during pre-trial
2. What the court should do when prosecution and offended party agree to the plea
offered by the accused
3. Pre-trial agreement
4. Non-appearance during pre-trial
5. Pre-trial order
6. Referral of some cases for court annexed mediation and judicial dispute resolution

K. Trial

1. Instances when presence of accused is required by law
2. Requisite before trial can be suspended on account of absence of witness
3. Trial in absentia
4. Remedy when accused is not brought to trial within the prescribed period
5. Requisites for discharge of accused to become a state witness
6. Effects of discharge of accused as state witness
7. Demurrer to evidence

L. Judgment

1. Requisites of a judgment
2. Contents of judgment
3. Promulgation of judgment; instances of promulgation of judgment in absentia
4. When does judgment become final (four instances)

M. New trial or reconsideration

1. Grounds for new trial
2. Grounds for reconsideration
3. Requisites before a new trial may be granted on ground of newly discovered
Evidence
4. Effects of granting a new trial or reconsideration
5. Application of Neypes doctrine in criminal cases

N. Appeal

1. Effect of an appeal
2. Where to appeal
3. How appeal taken
4. Effect of appeal by any of several accused
5. Grounds for dismissal of appeal

O. Search and seizure

1. Nature of search warrant
2. Distinguish from warrant of arrest
3. Application for search warrant, where filed
4. Probable cause
5. Personal examination by judge of the applicant and witnesses
6. Particularity of place to be searched and things to be seized
7. Personal property to be seized
8. Exceptions to search warrant requirement
a) Search incidental to lawful arrest
b) Consented search
c) Search of moving vehicle
d) Check points; body checks in airport e) Plain view situation
f) Stop and frisk situation
g) Enforcement of custom laws
h) Remedies from unlawful search and seizure

P. Provisional remedies
1. Nature
2. Kinds of provisional remedies