Criminal procedure is 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.

Criminal procedure may be defined, therefore, as the method prescribed
by law for the apprehension and prosecution of persons accused of any
criminal offense, and foe their punishment in case of conviction.
Rules of Court 110-127
1987 Constitution Article III Bill of Rights
Various acts passed by the legislature (BP 129)
PDs AMC, and Jurisprudence
If concurred by 2/3 of the senate, the same way considered as a source of criminal procedure which will
supervene any provision of the rules of court but will only be applied to the subject covered by the said
treaty or international agreement.
Criminal law is substantive; it defines crimes, treats of their nature and provides for their punishment.
On the other hand, criminal procedure is remedial; it provides for the method by which a person
accused of a crime is arrested, tried and punished. Criminal law declares what is punishable and the
latter provides how it would be punished.
Inquisitorial –prosecution of crimes is wholly in the hands of the prosecution and the court.
Accusatorial – requires all crimes except the private crimes, commenced by the complaint of the
offended party to be prosecuted by the public prosecutor. The accused has the right to be present at
any stage of the proceedings and to be heard personally of by his counsel. Trial is conducted publicly
and the right of the accused against self-incrimination is guaranteed.
It is of the essence of the accusatorial system grounded in the due process school of criminology that
there be a moral certainty of guilt to defeat the constitutional presumption of innocence.
Mixed system – mixed of both it was said that the Philippines practice this system but mostly the
accusatorial rather than the inquisitorial.

Where the court has a general cognizance over the class of cases to which that to be adjudged belongs. The court must have jurisdiction over the subject matter. However. speedy. Requisite of criminal jurisdiction (1) The offense is one which the court is by law authorized to take cognizance of. . while a court has an abstract jurisdiction within its territorial jurisdiction. In remedial law. The court’s jurisdiction in the first instance is determined by the facts alleged in the complaint and not by the qualification of the crime made in the title of the complaint or by the result of proof after the trial. Consequently by the mere fact that after the trial and after the court has heard the evidence it was found that the crime committed was lesser than that described in the complaint the court cannot dismiss the case because in the complaint. Distinguished from venue – venue of action should not be confused with jurisdiction.applied to criminal procedure. any act or omission of the parties. while jurisdiction treats of the power of the court to decide the case on the merits. unless a complaint or information has been filed with said court. (2) The offense must have been committed within its territorial jurisdiction (3) 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. and inexpensive disposition of every action and proceeding. Criminal jurisdiction. enlarged or diminished by. it cannot be acquired through. Venue deals with the locality the place where the suit may be had. it has no power to try and convict or acquit a person for a crime committed within its territory. jurisdiction is the power of the tribunal to hear and try a particular offense and impose the punishment for it.” Jurisdiction – the power or the capacity given by the law to a court or tribunal to entertain. the action should have been brought in a lower court. Jurisdiction is conferred by law and not fixed by the will of the parties. it has jurisdiction of a particular case upon a colorable presentation of the fatcs necessary to constitue it a meber of the class. jurisdiction over the territory where the offense was committed and jurisdiction over the person accused. venue is defined as the particular country or geographical area in which a court with jurisdiction may hear and determine a case. Venue is procedural jurisdiction is substantive. hear and determine certain controversies. Is is vested in the court and not in the judges.Construction – “these rules shall be liberally construed in order to promote their objective of securing a just.

Voluntary submission of the accused may be effected by posting bail or by filing a motion to quash or by appearing at the arraignment or entering trial. Under PD 1606 a) Government official b) 6years imprisonsment 400 fine . by the extent of the penalty which the law imposes together with other obligations. if he fails to make seasonable objection thereto. provided it has custody of the accused or has first acquired jusrisdiction over his person. Jurisdiction over the person accused – rule 113 In continuous crimes. on the bases of the facts as recited in the complaint or information constitutive of the offense charged. and if he raises other questions. the court where the case was filed first acquires the jurisdiction over the same to the exclusion of all other courts. the accused may be deemed to have waived it. Exceptions to territorial principle (a) Where the offense was committed under the exceptional circumstances provided for in Art 2 of the RPC – treaties and preferential application (b) Piracy (c) Railroad train aircraft moving vehicles (d) Vessel (e) When the SC. it is there retained. Criminal jurisdiction of the MTC 1. or his voluntary submission to the jurisdiction of the court. Offenses where the fine is 4000 or less 3. although of a character which would have prevented jurisdiction from attaching in the first instance. transfers the place of trial from one place to another. regardless of wheter the evidence proves a lesser offense that that charged in the information or the subsequent happening of events. One who desires to object to the jurisdiction of the court over his person must appear in court for that purpose only. in the interest of truth and impartial justice. for once the jurisdiction is acquired by the court in which the information is filed. Offenses punishable by imprisonment for a period of 6 years and less 2. (f) In cases of written defamation Jurisdiction over the person of accused – it is acquired upon either his apprehension with or wo warrant. he waives the objection.Jurisdiction over the territory – venue in criminal cases is jurisdictional. Criminal action shall be instituted and tried in the court of the municipality or province wherein the offense was committed or where any of its essential ingredients took place. Jurisdiction over the person of the accused may be waived. Determination – jurisdiction is determined by the fine and imprisonment prescribed by law.

6. 2. It is subject to judicial reviewin proper cases as where frm the evidence submitted and gathered by the prosecutring officer a person appearing responsible for the commission of an offense is not included in the information. the written letter remains. So wehre the presecution abuses his discretion by refusing to include a person as a co-aacused despite sufficient evidence against the latter. It must be in writing. 7. c) Salary grade of 26 and lower BP 22 cases Violations of municipal or city ordiances Violation of rental law All other criminal cases wherein penalty is 1000 or less and imprisonment is 6 months or less. The prosecuting officer has the power to determine whether the evidence at hand ia sufficient to egender a reasonable belief that a person has committed an offense. and in its absence there is nothing fo rhte court to act upon and the court acquires no jurisdiction. 5.8. The posken word flies. A formal accusation of the type required by the statute cannot be waived. 5. RTC RULE 110 A formal accusation is an essential condition precedent to a valid prosecution for a criminal offense. 3. 10. Other accused have an interest in the inclusion of their companions in the commission fo the crime because they are jointly and severally liable with them for indemnities that may be imposed upon them for the offense thay may have committed together . damage to property is 10000 or less Traffic violations Destierro penalty 1. 6. Offenses punishable by imprisonment for a period more than 6 years More than 4000 as fine Government official with penalties over 6 years imprisonment Fine of more than 4000 26 salary grade and lower Violation of ra 9165 drugs Libel cases Intellectual prop violations Election offenses Appellate jurisdiction over decisions by the MTC 4. this power or prerogstive is not absolute. and no criminal proceedings can be said to be brought or instituted untila formal charge is openly made against the accused by complaint or information. 8. as It is compatible for the right of the accused to be informed of the nature and the cause of the accusation against him serves also the practival purpose of enabling him to preparw his defense fully and intelligently based upon a fixd record. 4. 7. 9. 9. mandamus will lie against him as his act amounts to a deliberate refusal to perfom a duty enjoined by law.

When double jeopardy is clearly apparent g. When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions c. answers for his acts. Where the court had no jurisdiction over the offense h. not criminal action can lie against it. Where it is a case of prosecution rather than prosecution i. Public interest requires that criminal acts be immediately investigated and prosecuted for the protection of society. To prevent the threathened unlawful arrest of petitioners. If the accused is a corporation. subscribed by the offended party any peace officer or other public officer charged with the enforcement of the law violated. The accused has an adequate remedy at law by establishing as a defense to the prosecution that he did not commit the act charged or that the statute on which the prosecution is absed is void and in case of conviction by taking an appeal. subscribed by the prosecutor and files with the court. When the acts of the officer are wo or in excess of authority e. Complaint – a sworn written statement charging a person with an offense. Where the prosecution is under an invalid law ordiance or regulation f. Where there is a prejudicial question which is subjudice d. the officer.Writs of injunction or prohibition to restrain a criminal prosecution are generally not available. Exceptions: a. If the corporation violates the law. (1) Offended party (2) A peace officer (3) a public officer charged with the enforcement of the law violated Information – is an accusation in writing charging a person with an offense. When there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied k. Where the charges are manifestly false and motivated by the lust for vengeance j. While both the complaint and information are written accusations of the commission of a criminal offense. they are nonetheless to be differentiated in that (a) the complaint may be signed by the offended any peace officer or other public officer charged with the enforcement of the law violated while the information is always signed by the fiscal or an authorized prosecuting officer . through whom the corporation acts. To afford adequate protection oto the constitutional rights of the accused b.

. It would amout to dereliction of duty if a fiscal would prosecute a person whom he does not believe to have committed the offense he was charged with by an alleged offended partym or when the evidence available is not in his opinion sufficient to warrant the conviction of the accused. The court has no power or authority to direct the fiscal to file an information within a particular period for such order would be an interference with the prosecuting officer’s prerogative and control of criminal actions. The fiscal as a quasi-judicial officer determines whether a prima facie case exists or not or may move for the dismissal of the case already filed in court for insufficiency of evidence and that if he must have control of the prosecution of the criminal case he must have the ultimate power to decide as between conflicting testimonies which should be believed or which witness to present subject only to the right against self-incrimination the determination of the witness to be presented is addressed to the discretion of the prosecution.(b) the complaint is a sworn statement to by the person signing it whereas the information need not be under oath the reason being that the prosecuting officer filinf it is charged with the special duty in regard thereto and is acting under the special responsibility og his oath of office (c) a complaint may either be file with the fiscal’s office or the court while an information is always filed with the court.