Criminal Procedure -method prescribed by law for apprehension and prosecution of persons accused of criminal offense -provides punishment

in case of conviction Systems 1. Inquisitorial – initiates from officials and agents of the law; peace officer 2. Accusatorial – exercised by every citizen 3. Mixed – both *general rule: our judicial set-up is accusatorial: 2 contending parties appear before the court which hears them impartially *importance of due process: court must follow step by step procedure to ensure that the state will make no mistake in taking the life and liberty except that of the guilty. CRIMINAL JURISDICTION -authority of the court to hear and try an offense to impose punishment VALID EXERCISE: Jurisdiction over 1. SUBJECT MATTER 2. TERRITORY 3. PERSON *all must concur, otherwise court has no jurisdiction *final judgment napag-alaman that court has no jurisdiction, it is not ground to invoke the right against DOUBLE JEOPARDY; accused can still be tried for the same offense *Jurisdiction is conferred by law. Jurisdiction over the person: 1. Voluntary surrender

2. Accused arrested 3. From fiscal’s discussion: if the accused filed pleadings; accused is already under the custody of law *Jurisdiction determined by the allegations – not by the findings; imposable penalty ang tinitingnan *J determined by 1. Geographical limits of the territory and 2. Action it is empowered to decide *Adherence of J: court will retain J over the case until the end to the exclusion of other courts JURISDICTION OF Metorpolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts FINE ONLY: Not exceeding 4000, inferior courts has jurisdiction -EXEMPTION: reckless imprudence resulting to damage of property – nagddrive, nabangga ang bahay: Jurisdiction of MTC – kahit pa 1M ang fine. IMPRISONMENT and FINE: Fine is IMMATERIAL if the imposable penalty is below 6 years (prision correccional). Accessory penalties are also immaterial. -EXEMPTION: Libel/written defamation (RTC), election offenses (RTC), intellectual property violations (RTC), violations of Dangerous Drugs Act (RTC), -WHY? Because there is an Express jurisdiction vested by law *Perjury: not a continuing offense: ex: perjury done in Ruby’s apartment but was utilize in another place,

Sandiganbayan din. and 14-A. City prosecutors v. Offenses and felonies. vested by the law 3. -RA 3019 – time of reckoning is the TIME OF COMMISSION. jurisdiction is with SANDIGANBAYAN -Murder committed by a Grade 27 public official NOT RELATED TO OFFICE shall be tried under jurisdiction or regular courts (RTC) . yun ang may jurisdiction to the exclusion of others -Public Official: libel MUST BE IN RELATION TO HIS PUBLIC OFFICE: 3 choices: workplace OR place first published OR domicile * Don’t forget to specify in the INFORMATION the residence. Higher-ranking officers Army and PNP iv. Civil and criminal case filed in relation with EO 1. committed by public officials mentioned above IN RELATION TO THEIR OFFICE C. therefore. COMPLEX CRIMES: jurisdiction will fall on the court which can impose the most serious and maximum penalty. Diplomats iii. All other officials classified as Grade 27 and higher B. 14. Officers of GOCCs 2. libel naganap sa UB. *LIBEL – RTC of the place where it was FIRST PUBLISHED -Private person -2 victims of libel: Geoff ay tagaLipa. Members of Congress and officials classified as Grade 2 and higher 3. Members of judiciary 4. The following public officials even though they are not classifieed as Grade 27: i.jurisdiction will be on the MTC of the place where it was utlized. simple or complexed with other crimes. Violations of RA3019: Anti-graft and Corrupt Practices Act and Violations of BRIBERY where the accused are OFFICIALS occupying the ff positions: 1. also has APPELATE JURISDICTION. Provincial and LGU officials ii. Unahan magfile ng case. In other words. Kung san mauna. BASTA KUNG SAN NA-UTILIZE. Ruby ay tagaMabini. FAMILY COURTS (RTC): Minor accused is 9-17 years old. REGIONAL TRIAL COURT 1. Chairmen and members of Constitutional Commission 5. imposable penalty exceeds 6 years 2. 2. issued in 1986 -IMPT: Private individuals in conspiracy with those public officials under the jurisdiction of Sandiganbayan shall be tried JOINTLY. SANDIGANBAYAN -Source: RA 8249 A.

Transitory Offense -Transitory: committed in a moving vehicle or vessel. Will it interrupt the running of prescription? (Di ko gets… )  Baka eto yung question: Slander was filed against a public official with the Ombudsman. Public officials mentioned – Sandiganbayan J of Sandiganbayan vs J of Ombudsman over Public Officers -hindi sila magkalaban. the place will acquire jurisdiction. The filing of a criminal complaint with the office of the Ombudsman also interrupts the period of prescription of crimes. Will it interrupt the running of prescription? Parang hindi… CALL A FRIEND. prescription will be interrupted upon the institution of criminal action with the proper officer if subject to preliminary investigation. jurisdiction of Court Marshall -NOT service-connected offenses. ombudsman can investigate and prosecutor. concurrent ang authority nila -Ombudsman’s power to investigate is dependent on cases cognizable by Sanbdiganbayan -basta public official. *Vehicle: jurisdiction – any city or municipality it passes where offense is part committed including the place of departure and arrival *Vessel: jurisdiction – FIRST PORT ENTRY. 2nd marriage with Ro-ann sa Batangas. Ordinarily. any city or municipality it passes AND destination EXCEPT its point of origin or departure. -Money Laundering cases committed by private individuals – RTC.-Sandiganbayan has jurisdiction over cases involving PCGG. slander filed against a public officer. subject to generally accepted principles of international law -Merchant vessel: follow the English rule. if cognizable by Sandiganbayan. Dicdican) __ ADDITIONAL NOTES Continuing Offense vs. Subjection to review on certiorari by the SC. (Llenes vs. Also. BUT NOT the point of origin or departure. Bigamy: 1st marriage with Ruby sa Davao. Military Courts -service-connected offenses. and the destination. The Ombudsman is the investigating and prosecuting arm of the Sandiganbayan. may shared authority to investigate and prosecute ang ombudsman and the prosecutor IMPT: Accomplice follows principal. Batangas acquires jurisdiction. The state where the boat is registered acquires jurisdiction. either Regular Courts or Sandiganbayan (in case of high-ranking officials) -no jurisdiction over civilians EXAM QUESTION: With respect to ombudsman. filing it with the Ombudsman will bar the running of prescription. ombudsman MUST investigate. if the offense disturbed the security. . However. Therefore. or any city or municipality it passes. peace and order of the place where the offense is committed. If NOT cognizable by Sandiganbayan.

6 years and above = RTC IF FINE ONLY: 5000 below = must pass through KP . he will not be recognized as such. offenses where there is no private party 5. will the Court acquire jurisdiction? YES. otherwise. -Failure to heed subpoena will lead to a certification that will bar counterclaim. hindi na pwede. -Kung hindi workplace and school.Below 1 year = must pass through KP . VERY IMPORTANT!!!! -KP has jurisdiction over persons living on the same city or municipality EXCEPT: 1. It must pass first with Katarungang Pambarangay. Complainant may choose where to file the complaint. persons included live on different barangay but same municipality or city. even if the witness is an eye-witness. -Bugbugan. iba’t ibang lugar galing.4001 to 5000 = must pass through KP before going to RTC 5001 and above = straight to RTC SUMMARY PROCEEDINGS Geoff’s Notes: -complainant must submit affidavits of all witnesses.Deposition: written testimony made under oath by a witness who is unable to testify in person. . **** REMINDER: If imposable penalty is… . parties reside in diff cities 7.4000 below = must pass through KP before going to MTC . -Nag-away sa workplace. Complaint must be in writing.The court may immediately dismiss the case if it finds the evidence insufficient. -ARRESTO MAYOR (6mos and below): always under summary proceedings -All cases covered by Summary Proceedings are under Katarungang Pambarangay . one party is public officer or employee AND disputes relates to performance of official functions 3. pwede sa preliminary investigation provided na wala or malayo ang witness BUT sa trial court. EXEMPTED sa KP.Above 1 year but below 6 years = MTC . one party is the gov’t or its subdivision 2. iba’t ibang domicile. disputes involve real properties in diff cities 6. Kelangan dadalhin ang witness sa RTC. but the court cannot exercise jurisdiction. Webb case. other classes of disputes which the President may determine in the interest of justice or upon recommendation of DOJ Sec. KATARUNGANG PAMBARANGAY (KP) Geoff’s Notes: If a case properly cognizable by Katarungang Pambarangay is directly filed with the Court. offenses exceeding 1 year or a fine exceeding 5000 4. kelangan dumaan ng KP ng workplace.

2 mos and 1 day. the following are prohibited: a. Question: Is the filing of a complaint with the KP a commencement of the institution of a complaint? YES. offenses subject to summary procedure 2. the prescriptive periods for offenses shall be interrupted upon filing of complaint with the punong barangay. Prescription will commence upon commission. . -In summary proceedings. Demurrer of Evidence: CALL A FRIEND!!! -A counsel must file a LEAVE OF COURT before filing a demurrer of evidence.-If sufficient. actions with provisional remedies iv. under RA3326. if accused is under detention or custody of the court ii. there shall be an arraignment. Institution of Criminal action – interrupts the running of the period of prescription of the offense. Otherwise. that such interruption shall not exceed 60 days from the filing of complaint REMEMBER: Prescription refers only to FELONIES punishable by RPC (Art 91). laches) v. Offended party cannot go directly to the court b. barred by statues of limitations (prescription. For minor offenses or disputes under mediation conciliation or arbitration. Certiorari of Interlocutory Order -In summary proceedings. “Are all of these correct?” “Yes. Preliminary Investigation is required: MUST file with proper officer. For special laws. SEC 1: Institution criminal actions: 1. However. the prescription will continue to run. estoppels.” RULE 110 Preliminary investigation is required if penalty is AT LEAST 4 years. the direct examination of the parties is based on the information/affidavit filed by them. RA 3326 will apply. OR may be filed with the office of Prosecutor (especially Manila and chartered cities) Purpose of preliminary investigation: to determine whether there is sufficient ground to engender a wellgrounded belief that a crime has been committed and that the respondent is guilty and should held for trial. Motion to Quash: Exemption. complaint of information may be filed directly MTC and MTCT b. (Proper officer: those authorized to conduct preliminary investigations eg prosecutors) a. accused is invoking habeas corpus iii. Merely inquisitorial. he shall be barred to present his evidence. c. Art 91 vs RA3326 -Art 91: If accused is outside the country. EXEMPTIONS: i. the prescription will not run. if the court has no jurisdiction b. Provided. Preliminary Investigation NOT required: a.

filed with the court. SEC 3: Complaint -sinumpaang salaysay -Definition: sworn written statement charging a person with an offense. . -Complaint filed with the court. or public officer may file. subscribed by the offended party. COMPLAINT vs INFORMATION -Complaint subscribed by offended party -Information subscribed by the Fiscal SEC 5: Who must prosecute criminal actions 1. Public officer charged with the enforcement or execution of the law violated Commence of criminal prosecution is confined to : (1) representatives of the government. BUT filing of complaint with the fiscal for preliminary investigation may be filed by ANY PERSON. peace officer. . GENERAL RULE: Criminal prosecution may NOT be restrained by injuction. Complaint (Sec 3) -Complaint Affidavit (Sec 1) – not in writing. Prosecutor – upon filing complaint / Information with the court a. it is sufficient if the Preliminary Investigation is attached to the Information filed with the court. SEC 4: Information -Definition: an accusation in writing. any peace officer.-Since RA 3326 is very explicit about this point. (2) persons injured. or other public officers *Complaint Affidavit (Sec1) vs. but the Information filed with the court failed to include “thru violence and intimidation”. Absent a prosecutor – offended party.does not have to be under oath but must be subscribed by the fiscal or prosecutor -if not properly signed. Offended party 2. not sworn etc. EXAMPLE: IF the Complaint filed with the fiscal’s office for preliminary investigation is rape thru violence and intimidation. may be done orally. Why? Public interest requires that criminal acts be investigated and prosecuted for the protection of society. the Art 91 of RPC should NOT be applied as suppletory to the special law. judge cannot force the fiscal to include another person. Any peace officer 3. it cannot be cured by silence or by express consent. charging a person with an offense. (Marcelo Case) SEC 2: Complaint -writing -in the name of People of the Philippines -against all persons who appear to be responsible *upon discretion of the fiscal. subscribed by the prosecutor. preliminary or final. filed by the offended party with the fiscal -Complaint (Sec 3) – see definition. filed by the fiscal with the court Who may file a complaint? 1. BUT the fiscal can be compelled by WRIT OF MANDAMUS.

Complex Crime: If evidence fails to support the charge as to one of the component offense. cannot brought except by a complaint filed by the offended party Why? Because crimes mentioned above are PRIVATE CRIMES. Defamation imputing offenses mentioned above. must described under a fictitious name with a statement that true name is unknown -error in the name of identity should be raised in arraignment Sec 8: Designation of the offense SEC 9: Cause of Accusation . defendant can be convicted of defense proven. then parents.Must contain the qualifying and aggravating circumstances. . then grandparents. then State -Minor offended party may file a complaint. 2. and acts of lasciviousness – offended party. -Prosecution is two-fold: 1. Pardon vs Consent -Pardon: past adultery/concubinage acts. the right to prosecute will cease upon availability of a prosecutor. then guardian. will acquire juridical capacity 4. Adultery and Concubinage: offended spouse 3. if this is present. Information must specify commission of crime. reference shall be made to the section of the statute punishing it .place where it was committed Sec 7: Name of the accused: name. . the spouses are stopped from filing case against each other -Death of offended party in a Criminal case for Libel does NOT extinguish criminal liability of accused. effected upon filing of the complaint which results to discontinuance of the prosecution -Consent: future adultery acts. last conviction or released. prove that a crime has been committed 2.People vs Perreras: The qualifying and aggravating circumstances cannot be appreciated even if proved unless alleged in the information -Habitual Delinquency should not be generally averred. Age should be alleged.If name cannot be ascertained. Also mitigating. what is controlling is the recital of facts .Designation is not controlling.Example: “Minority” is not enough. abduction. accused is responsible therefore SEC 6: Included in the complaint / Information: -name of the accused -designation of the offense by statues -acts or omissions complained of as constituting the offense -offended party -approximate time of the commission of the offense . .If there is no designation of the offense. and other previous conviction or release.Seduction. surname or nickname .However.

FORMAL .SEC 10: Place of Commission -Transitory vs. SUBSTANTIAL AMENDMENT vs. Offense against property: if offend party is unknown. SEC 15: Place where action is instituted . Continuing Crimes SEC 11: Date of Commission of the Offense -not necessary that actual date is alleged UNLESS date is a necessary ingredient -Examples: Crime was committed on 1964 but was alleged as committed on 1965  May be amended. his name must be inserted in the complaint c.Violations of Sunday Statues (Election Laws) 3. -Once accused entered a plea. If offended party is a juridical person: stating the name by which it is known is sufficient -Name of offended party is indispensable in the crime of slander. -A refers to same offense while in S.additional precision. property must be described b. leave of court is necessary because original information has to be dismissed. ABORTION SEC 12: Name of offended party a. -Crimes where time is essential: 1. If offended party is already known. *Sec 14 applies only to ORIGINAL CASE not appealed case. *Court must state reasons in resolving the reason (whether it granted or not). SUBSTITUION -Amendment does not need preliminary investigation while substation needs a new one -Amendment involves formal and substantial changes while substation involves a substantial change from original charge -A can be effected without leave of court while in S. adds nothing essential for conviction 2. without leave of court with notice to the offended party. and robbery with homicide SEC 13: Duplicity of Offense -Complaint or Information must charge only ONE offense -EXCEPT when law provides a single punishment for various offenses (e. It can be made only upon Motion by the prosecutor. -If sobrang malayo. new information involves different offense *Information cannot be downgraded or cannot exclude an accused. the proper remedy is Motion to Quash but it must be filed before arraignment.g. amendment can only be done WITH LEAVE OF COURT and when it can be done without causing prejudice to rights of accused -Kinds of Amendment 1. Complex Crimes and Special Complex Crimes) SEC 14: Amendment and Substitution -Amendment may be done before accused entered a plea. Basta wag masyado malayo. something already contained in original information.INFANTICIDE 2.

Crimes outside Philippines but punishable by Art 2 of RPC shall cognizable by the court where it is first filed -Court has no jurisdiction to try offense committed outside its jurisdiction. Y contracted a subsequent marriage with A. Jurisdiction over territory – court of city or municipality where the offense or necessary ingredients thereof were committed b. Civil action instituted prior to the institution of the criminal action *Primacy of Criminal Action: If the civil action is instituted before the criminal action.a. Example: BIGAMY. RULE 111 -General Rule: Institution or filing of criminal action includes the institution of the civil action for recovery of civil liability arising from the offense charged -EXCEPTIONS: 1.Vehicles c. -EXEMPTIONS: 1) expressly reserved by the offended party -if he instituted a separate civil action for damages arising from the offense charged 2) offended party waives the right to institute civil action -pardon of a spouse to a adulterous spouse *Consequence of Reserving and Waving of Civil Action: private prosecutor can no longer appear because the private prosecutor represents the private party. It may be tried at the place where the essential ingredients of the crime occurred. Transitory Crimes . Transitory Crimes . X and Y got married. *EXCEPT if there is a PREJUDICIAL QUESTION arising from a previously filed civil action that should be resolved first. and a criminal action is subsequently commenced. Abduction are continuing offenses. -Kidnapping with Serious Illegal Detention is a continuing crime when the deprivation of liberty is persistent and continuing from one place to another. . the pending civil action shall be SUSPENDED until final judgment of the criminal action has been rendered. Philippines will acquire jurisdiction -BUT if airship or warship of America. -Estafa. Waiver 3. X sought for nullity of marriage due to lack of an essential requisite. Y was charged with bigamy. Libel/Written Defamation. jurisdiction is with America because it is an extension of their sovereignty Sec 16: Intervention of the Offended Party in a Criminal Action -General Rule: when a criminal action is instituted the civil action is also instituted. X and Y’s petition for nullity of marriage must proceed first because its final judgment is necessary for the judgment in the criminal proceedings of Y concerning bigamy. Reservation of right s2. -Piracy: If the vessel is registered in the Philippines and the crews are Filipinos.Vessels d.

must not result to dangerous means. independent civil actions may be filed against the estate of the accused after proper substation (substitution of heirs).Where to file petition in relation to prejudicial question: . -If the case proceeds and it was found out the there was no preliminary investigation. Otherwise. the case will be suspended and the preliminary investigation must be executed. Raised it as an error on appeal 5. -40 -60 days kelangan tapos na but it is discretionary. -Peace officer cannot claim exemption from criminal liability if he uses unnecessary force or violence even if he is to arrest a notorious criminal. File a petition for prohibition READ MORE.Office of the prosecutor or the court where the criminal action is filed. -Person making the arrest must be acting under REAL or PRETENDED legal authority. he is NEVER justified in making unnecessary force. -Remedy of the accused that was not given PI: 1. There must be an intent to submit to such arrest. HOWEVER. Sec 3 RULE 112 Preliminary Investigation -If there is sufficient cause to hold respondent for trial. the case shall be DISMISSED without prejudice to any civil action. arresting officer may apply NECESSARY force. if the criminal is not resisting. File certiorari if refused 4. BUT if the accused dies BEFORE arraignment. Insist on a PI 3. DEATH – extinguishes criminal liability but NOT civil liability. -If accuse dies after arraignment and during the pendency of a criminal action. He must think that submission is necessary. But if criminal fought back. BOTH criminal and civil liability shall be distinguished. But such dismissal is still subject to review by the provincial or city Prosecutor or chief state Prosecutor or Ombudsman on the ground that probable cause exists. the Prosecutor shall recommend the dismissal of the complaint. he will be recommended for trial to the court with proper jurisdiction. Refuse to enter a plea 2. Such review is still subject to the review of DOJ secretary. :D Rule 113 Sec 1 and 2 -Must be performed with the intent to perform an arrest -The person to be arrested must be properly informed of the arrest. .

-the person arrested. -Reasonable suspicion: founded on probable cause. Sec 4 -Warrant of Arrest VS. or attempted to commit an offense IN THE PRESENCE of the arresting officer. Station Commandersuspect pointed Nazareno as his companion on a felonious act Where arrest is not valid: o Pp vs Burgos: Information by the subject was rejected. Arresting officers should have gotten a warrant of arrest. c. Sec 5: Personal Knowledge of Facts -must be based on probable cause LAWFUL WARRANTLESS ARREST: 1. Search Warrant 1. based on actual facts. the officer should report to the judge as to why he was not able to arrest the person. o Pp vs Briones: Information based on disclosure of eyewitness is rejected. SW: validitiy -10 days. Probable cause – actual belief of reasonable ground of suspicion that the person to be arrested is probably guilty of committing the offense. Madriaga . Nazareno vs. Hot pursuit: When an offense has just been committed and arresting officer has probable cause to believe based on personal knowledge of facts of circumstances that the person to be arrested has committed it. during the pendency of the case. he cannot practice his possession. the arresting officers had sufficient time to secure a warrant of arrest. WA: valid until arrest is effected. In flagrante delicto: no need for warrant of arrest because the person to be arrested has committed. a. coupled with good faith on the part of the officers making the arrest. is actually committing.co-accused pointed that his other co-accused supplied marijauana ii. b. . Reliable information alone will not suffice. People vs. Within that period. i. 2. o Pp vs Aminnodin: Tip of an informer is not valid. Personal knowledge of facts base on information given accused naming his companions is valid. must be detained in jail unless he bailed. There must be ample ground to believe that the accused is the offender. o Rolito Go vs CA: Arresting officers should have secured a warrant of arrest. Officers did not secure a warrant of arrest. ** In the case mentioned above. within 10 days. There must overt acts indicating a felonious act was committed within the view.

any time Sec 7: Method of arrest by virtue of warrant: person being arrested must be informed 3. but if he is indigent. Hehehe. Sec 6: Time of Arrest: any day. to have been observed by the prosecution. evidence acquired are INCIDENTAL to a valid arrest.. hence ADMISSIBLE. 6. After being so informed.MOVING VEHICLE: warrantless arrest is valid. He should be warned that not only he has the right to consult with a lawyer. even if the information came from a tip of an informer. Why? Because there is a sense of URGENCY. like a continuing crime -“Fruit from a poisonous tree”  evidence acquired through unlawful warrantless arrest shall be INADMISSABLE. Even if the person consents to answer a question without the assistance of counsel.. Antok na… ) Sec 8: Method of arrest without warrant -Miranda Rights: 1. the interrogation must cease until an attorney is present. . 5. he must be told that anything he says can be used against him in court. If the foregoing protections or warnings are not demonstrated during the trial. -If you don’t have either Warrant of Arrest or Search Warrant but your arrest is valid. He does not have to ask for a lawyer. Arresting officers do not have enough time to secure a warrant of arrest. the moment his asked for a lawyer at any point in the investigation. 3. no evidence obtained as a result of interrogation can be used against him. Person in custody must be informed at the outset in clear and unequivocal terms that he has a right to remain silent. The investigator should tell him that he has the right to a counsel at that point. paphotocopy. 4. Person to be arrested is a prisoner who has escaped from penal establishment. He must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during the interrogation. a lawyer will be appointed to represent him. 2. Rule 114 Bail Sec 4: Bail as a matter of right Bail as a matter of discretion (Geoff.

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