Reviewer in

Criminal Procedure
(2000 Rules)
This reviewer is based primarily on the lecture notes of
Prof. Antonio Bautista during his Remedial Law Review class of
2nd semester, academic year 2000-2001. It likewise draws upon
the outline and lecture notes of Prof. Marvic Leonen in his basic
course on Criminal Procedure, Prof. Theodore Te's OLA lecture
on the amendments to the Rules of Criminal Procedure, and the
Summary of Salient Changes prepared by Justice Oscar M.
Herrera.
The reader is strongly advised to use this reviewer with the
2000 Rules on Criminal Procedure, Revised Penal Code and
1987 Constitution in hand.
Special thanks goes out to Jun-Jun Bautista, Donna Dideles,
Lei Malilong, Russel Rodriguez, Mommy Jean Manalili, Joji
Florendo, Dan Adan, and everyone else who helped make
this reviewer a reality.
Any comments or suggestions regarding this reviewer may
be forwarded to tanyalat@yahoo.com or the UP LSG Bar
Operations Committee.

Procedure (1) MTC (2) RTC 2 3 4 Warrantless arrests 5 A. D. When arrest takes place B. POLICE INVESTIGATION IV. ARREST Definition A.REVISED RULES OF CRIMINAL PROCEDURE (2000) Table of Contents I. Without warrant Arrest with warrant A. Who may effect C. INTRODUCTION II. Grounds for issuance of warrant B. B. Modes of attacking the validity Standing to challenge Time to challenge Sanctions V. Purpose Kinds A. How effected (1) By peace officer (2) By private person Consequences of an unlawful arrest A. Who may issue C. C. Grounds 6 B. With warrant B. SEARCH & SEIZURE . RIGHTS OF THE ACCUSED III.

I. By MTC Judge B. PRELIMINARY INVESTIGATION Purpose Entitlement As Of Right Who May Conduct Procedure: A. Procedure B. JURISDICTION VENUE COMPLAINT AND INFORMATION Definition of complaint and information How and where instituted Who must prosecute Requisites of a complaint or information . D. Period of Validity Warrantless Searches Remedies VI. Scope of Constitutional Restraint Scope of Protection Requisites of a Valid Warrant Grounds for Issuance Form of Search Warrant Procedure for Issuance of a Search Warrant A.Search Warrant A. Examination How Search is effected A. Time C. By Prosecutor / Ombudsman Remedies For Lack Of / Irregular P. E. Where B. B. C.

When not required Conditions Entitlement Application Posting Forfeiture ARRAIGNMENT AND PLEA Nature and purpose of arraignment Procedure Plea A. When not allowed C. When Allowed (1) Matter of Right (2) Matter of Discretion B. Types (1) (2) (3) (4) (5) Guilty Not Guilty Refusal to enter plea Qualified or Conditional admission Plea Bargain . Purpose B.Amendment of complaint or information Effect of filing on interruption of prescriptive period Remedies against a defective complaint or information THE CIVIL ASPECT BAIL Definition and purpose Kinds Rules for when bail may be availed of A.

B. D. C. F. E. Against self-incrimination Compulsory process Discovery Right to Counsel Presumption of Innocence Speedy Trial Discharge of Accused Provisional Dismissals JUDGMENT and POST-CONVICTION REMEDIES Judgment defined .Pre-Arraignment Remedies Effects of Arraignment and Entry of Plea Availability of Provisional Remedies QUASHAL Concept of quashal Grounds for Motion to Quash Concept of Double Jeopardy Effect of Failure to Move to Quash Remedies for Denial of Motion to Quash PRE-TRIAL Purpose and when proper Subject matter of pre-trial conference Requisite of pre-trial agreements Pre-Trial Order TRIAL Order of Trial Rights of the Accused at Trial A.

Motion for New Trial C.General rules on Judgments Form and Content Rules in case of variance between allegation and proof Promulgation of judgment Modification of judgment A. Motion for Reconsideration B. Appeal .