SYLLABUS CRIMINAL PROCEDURE SACP S. Salazar INSTITUTION OF CRIMINAL ACTIONS a. Whatis criminal procedure? b. Where do criminal actions originate from? c. How are criminal actions instituted? 1. Preliminary investigation required 2. Preliminary investigation not required a) Metro Manila and other chartered cities, b) Other places Uy v. Javellana, 694 Phil. 159; MTJ-07-1666, September 5, 2012 d. What is a complaint? Where filed? When filed? What should be filed? condition precedent a) Effect of non-compliance Who may institute? Before whom should the complaint be subscribed and sworn to? What else is required aside from jurat? When deemed instituted? Effect of institution Zaldivia v. Reyes, Jr. 211 SCRA 277 (prescription of ordinances) People v. Pangilinan, G.R. No. 152662, June 13, 2012 (prescription of BP 22) Sermonia v. CA, G.R. No. 109454, June 14, 1994 RONS Lenon PRELIMINARY INVESTIGATION What is preliminary investigation? Is the right to preliminary investigation a substantive right? Is it a constitutional right? Effect on court's jurisdiction aeoeSerapio v. Sandiganbayan, et al., G.R. Nos. 148468, 148769 and 149116, January 28, 2003 e. In what cases it is required? f. When not required? 1. Summary investigation g. Officers authorized to conduct preliminary investigation AM. No. 05-8-26-SC 1. Election offenses Arroyo v. DOJ, G.R. No. 199082, September 18, 2012 People v. Inting, G.R. No. 88919, July 25, 1990 2. Ombudsman Uy v. Sandiganbayan, G.R. No. 105965-70, March 20, 1991 h. Purpose of preliminary investigation Procedure in preliminary investigation 1. right to cross-examine Rights of the respondent during preliminary investigation Due process of law Distinguished from preliminary examination . Degree of evidence required What is probable cause? Unilever Phils., Inc. v. Tan, G.R. No. 179367, January 29, 2014 (probable cause) 1. Basis of probable cause 2. Findings of investigating prosecutor People v. CA, G.R. No. 126005, January 21, 1999 (determination of probable cause) ©. Re-filing of the case after dismissal Suspension of preliminary investigation Inquest proceeding 1. Purpose of inquest proceeding 2. Waiver of Art. 125 RPC 3. bail pending proceedings Paco ep REMEDIES AGAINST THE RESOLUTION a. Motion for Reconsideration 1. Within what period? 2. Formal requisites 3. Condition precedentb. Petition for Review 1. NCR 2. Regions DOJ Department Cicrular No. 70-A, July 10, 2000 DOJ Department Circular No. 018-14, June 18, 2014 DOJ Department Circular No. 003, January 4, 2017 3. Period to file 4, Formal requisites 5. Condition precedent c, Appeal to Office of the President d. Appeal to the Court of Appeals e. Petition for certiorari to Court of Appeals, INFORMATION a. What is an information? b. What is required before an information may be filed in court? 4. Can this be delegated? Quisay v. People, G.R. No. 216920, January 13, 2016 . Limitation of the information d. Required certification e. Sufficiency of information Matrido v. People, G.R. No. 179061, July 13, 2009 (allegations in the information) 1. Authority of the officer Cudia v. CA, 284 SCRA 173 2. Allegations in the information Escobal v. Garchitorena, G.R. No. 124644, February 5, 2004 f. Designation of the offense Discrepancy in the designation and the body of the information ‘Amendment or substitution Ricarze v. CA, 515 SCRA 302; Fronda-Baggao v. People, 539 SCRA 531 Teehankee, Jt. v. People, G.R. No. 103102, March 6, 1992 za JURISDICTION a. What is jurisdiction? b. What confers jurisdiction c. Waiver or stipulationd. Venue of criminal actions 1. Committed in the Philippines 2. Committed in trains, aircrafts, vessel, etc. 3. Committed outside the Philippines 4. Continuing offenses e. Exclusive original jurisdiction of the MTC f. Jurisdiction of the Sandiganbayan Hannah Eunice Serana vs. Sandiganbayan, G.R. No. 162059, January 22, 2008 RA 8249 People v, Henry Go, G.R. No. 168539, March 25, 2014 g. Jurisdiction over specific cases 1. Drugs cases Sec. 90, RA 9165, as amended 2. Libel Art, 360, par. 3, RPC, as amended 3, Cybercrime (RA 10175) Sec, 21, RA 10175 4, IPR and SEC cases PROSECUTION OF CIVIL ACTIONS a. Waiver or reservation 41, When cannot? b. Suspension of civil actions 4. Prejudicial question c. Effect of death People vs. Soria, G.R. No. 179031, February 24, 2014 d. Civil indemnity Solidum v. People. GR 192123, March 10, 2014 Castillo v. Salvador, G.R. No. 191240, July 30, 2014 e. Payment of filing fees Manuel v. Judge Alfeche, Jr. et al., G.R. No. 115683, July 26, 1996 PROSECUTION OF CRIMINAL ACTIONS a. Who must prosecute criminal actions? Pinote v. Ayco, 477 SCRA 409 b. Duty of the court upon filing of the information or complaintPreliminary examination Fenequito v. Vergara, Jr., 677 SCRA 113 2. Submission of additional evidence in court 3. Issuance of warrant of arrest 4. When not necessary? c. Preliminary investigation after filing of the information 1. Distinguished from reinvestigation 2. when prohibited? Inordinate Delay Tatad v. Sandiganbayan, G.R. No. 72335-39, March 21, 1986 (inordinate delay) People v. Sandiganbayan, et al., G.R. No. 188165 (inordinate delay) RELATED READING: Rules 110 to 112 Jimenez v. Sorongon, G.R. No. 178607, December 5, 2012 (legal standing) Abanado v. Bayona, A.M. No. MTJ-12-1804, July 30, 2012 (attachments to info) People v. Tan, 549 SCRA 489 A.M. No. 05-8-26-SC AM. No, 99-1-13-SC March 1, 1999 OCA Circular No. 39-2002, August 21, 2002 Act No 3326, as amended Memorize: Sec. 1, Rule 112 Sec, 32, BP 129, as amended by RA 7691 ARREST a. Definition b. General Rule ‘Ambre v. People, 678 SCRA 552 c. Restrictions d. When warrants may issue? 1. Life span of warrant of arrest 2. Enforcement of the warrant of arrest3. Effect if not enforced within the period e. Rights of the arrested person RA 7438 1. Miranda rights 2. Effect of failure to read the Miranda rights f. Warrantless arrest 4. Arrest in flagrante delicto People v. Lacap, 368 SCRA 64 (buy-bust operation) People v. Vasquez, G.R. No, 200304, January 15, 2014; 724 Phil. 712 (buy- bust operation) People v. Molina, G.R. No. 133917, February 19, 2001 (reliable information); People v. Chua, 396 SCRA 657; People v. Nuevas, G.R. No. 170233, February 22, 2007 Comerciante v. People, G.R. No. 205926, July 22, 2018 (improper and unpleasant movements) People v. Alvario, 275 SCRA 529 (fact of rape) Luz v, People, 667 SCRA 421 (RA 4136) Miclat, Jr. v. People, G.R. No. 176077, August 31, 2011 (plain view) Antiquera v. People, G.R. No. 180651, December 11, 2013, People v. Manlulu, G.R. No. 102140, April 22, 1994 (lapse of time/right of the State) People v. Calimlim, 416 Phil, 403 (illegality of arrest vs. validity of judgment) People v. Tampis, 455 Phil, 371 (waiver on validity of arrest) 2. Effect of an invalid warrantless arrest g. Arrest of a minor Sec. 21 RA 9344 RELATED READING: Rule 113 Memorize: Sec. 5, Rule 113 BAIL Purpose of bail Where to file? Bail before filing of informationGeneral Rule Discretionary bail Forfeiture and cancellation of bail Bail pending appeal Hold Departure Order Precautionary Hold Departure Order RELATED READING: Rule 114 Atty. Serapio v. Sandiganbayan, G.R. No. 148468, January 28, 2008 (baill hearing; arraignment not required) Government of Hong Kong Special Administrative Region v. Judge Olalia, Jr., GR. No. 153675, April 19, 2007 (bail in extradition case) Zufio v. Cabebe, 486 Phil. 605 (mandatory hearing) Enrile v. Sandiganbayan, G.R. No. 213847, August 18, 2015 (bail: not flight risk) Leviste v. CA, 629 Phil. 587 (bail pending appeal) OCA Circular No. 194-2018, September 10, 2018 (PHDO) RIGHTS OF THE ACCUSED Presumption of innocence Overcoming the presumption Right to be heard Right to counsel Custodial investigation Right against selt-incrimination Right to speedy tnal RELATED READING: Rule 115 Del Castillo v People, 664 SCRA 430, GR. No. 185128, January 30, 2012 (presumption of innocence, how to overcome) Miguel v. Sandiganbayan, 675 SCRA 560, GR No. 172035, July 4, 2012 (right to be heard) People v Lara, GR No. 199677, August 13, 2012 (night to counsel; when arises) People v Ayson, 175 SCRA 216, GR No 85215, July 7, 1989 (right against self- incrimination)Villa v. Escalona ll, et al., G.R. Nos. 178057 & 178080, February 1, 2012 (right to speedy trial) ARRAIGNMENT AND PLEA Purpose People v. Pangilinan, G.R. No. 171020, March 14, 2007 (purpose of arraignment) Effects Duty of the court When should the accused be arraigned? Conditional plea Effect of conditional plea Plea to lesser offense Requirements Daan v. Sandiganbayan, G.R, 163972-77, March 28, 2008 Plea of guilt to capital offense People v. Estomaca, G.R. Nos. 117485-86, April 22, 1996 Improvident plea Suspension of arraignment Remedies available before arraignment RELATED READING: Rule 116 MOTION TO QUASH When may be availed of? What form is required? What are the grounds? Grounds not cited in the motion Guidelines on Continuous trial Panaguiton v. DOJ, G.R. No. 167571, November 25, 2008Antone v. Beronilla, G.R. No. 183824, December 8, 2010 (double jeopardy on quashal) Remedy if information is defective Facts do not constitute an offense as a ground Lack of preliminary investigation as ground Basis of sufficiency of information as ground Effect if motion is granted When double jeopardy attaches? ‘When no double jeopardy? Proper remedy when denied Provisional Dismissal Reauisites of provisional dismissel Purpose of notice to parties Offended party accused ‘When dismissal becomes permanent? MTC RTC Reckoning date + People v. Lacson, G.R. No. 149453, April 1, 2003 + William Co v. New Prosperity Plastic Products, G.R. No. 183994, June 30, 2014 Remedy of the offended party Effect of permanent dismissal RELATED READING: Rule 117 PRE-TRIAL AND TRIAL. Matters to be considered Mandatory in criminal cases Effect of Pre-Trial Order Effect of unsigned pre-trial order Effect of failure to appear during pre-trialRELATED READING: Rules 118 to 119 Lee Pue Liong v. Chua Pue Chin Lee, G.R. No. 181658, August 7, 2013 (private prosecutor) Vda. de Manguerra v. Risos, et al., G.R. No. 152643, August 28, 2008 JUDGMENT Variance doctrine + Sevilla v. People, G.R. No, 194390, August 13, 2014 + People v. Caoili, G.R. No. 196342, & Caoili v. People, G.R. No. 196848, both decided on August 8, 2017 Promulgation of judgment Promulgation of judgment in absentia People v. De Grano, G.R. No. 187710, June 5, 2009 Finality of Judgment death penalty - automatic appeal NEW TRIAL OR RECONSIDERATION Grounds for reconsideration When may be availed of? Grounds for new trial When may be availed of? RELATED READING: Rules 120 to 121 APPEAL What is an appeal? What may be appealed? Within what period may an appeal be taken? Effect of appeal to those who did not appeal? People vs. Valdez, G.R. No. 175602, February 13, 2013MTC Appeal from dismissal by trial prosecutor Fenequito, et al. vs. Vergara, Jr., G.R. No. 172829, July 18, 2012 RTC Ordinary appellant's brief appellee's brief appellant's reply Petition for review Extension of time When petition for review not applicable If penalty is death A.M. No. 00-5-03-SC, September 28, 2004; OCA Circular No. 57-2005, May 12, 2008; People v. Mateo, G.R. No. 147678-87, July 7, 2004 A.M. No. 13-7-05-SB, October 9, 2018 (Appeals to Sandiganbayan) CA Dismissal of appeal reversal or modification conduct of trial or hearing death penalty Ombudsman Morales v. CA & Binay, G.R. No. 217126-27, Noweniber 10, 2015 Sandiganbayan AM. No, 13-7-05-SB, October 9, 2018 (Appeals to SC) PROCEDURES RTC and MTC Exceptions sc deliberation re-deliberation in case of tie - acquittedRELATED READING: Rules 122 to 125 SEARCH AND SEIZURE Application for Search Warrant * Supreme Court A.M. No. 99-10-09-SC, January 25, 2000; OCA Circular No. 171-2017, August 14, 2017; Marimla v. People, G.R. No. 158467, October 16, 2009 Basis for issuance of search warrant * People v. Inting, et al., G.R. No. 88919, July 25, 1990 Seizure by virtue of a search warrant * People v. Dischoso, 223 SCRA 174 * Del Castillo v. People, 664 SCRA 430 * People vs. Punzalan, G.R. No. 199087, November 11, 2015 Warrantless search and seizure * People v. Marti, 271 Phil. 51 Search incidental to arrest * People v. Chua Ho San, 308 SCRA 432; Malacat v. CA, 283 SCRA 159, 175 + Luzv. People, 667 SCRA 421 Evidence in plain view + Miclat, Jr. v. People, G.R. No. 176077, August 31, 2011 * Antiquera v. People, G.R. No. 180661, December 11, 2013 (not in plain view) + People vs. Doria, 301 SCRA 668 Search of moving vehicle * Caballes v. CA, G.R. No. 136292, January 15, 2002 Consented search * People vs. Figueroa, 335 SCRA 249Custom searches Reasonable expectation of privacy + People v. Leila Johnson, G.R. No. 138881, December 18, 2000 Stop & Frisk * People v. Canton, G.R. No. 148825, December 27, 2002; Terry v. Ohio, 382 US 1, 20 L. Ed. 2" 889 + Esquillo v. People, G.R. No. 182010, August 25, 2010 Exigent and emergenoy circumstance * People v. Mariacos, G.R. No. 188611, June 16, 2010 PROVISIONAL REMEDIES RELATED READING: Rules 126 to 127