Fajardo, John Patrick B.

03/20/2020
CCJ 4-Alpha Prof. Nestor Bacuyag

What is the definition of complaint and information?

Complaint: Is a sworn written statement charging a person with an offense, subscribed
by the offended party or any peace officer or other public officer charged with the
enforcement of the law violated.
Information: Is an accusation in writing charging a person with an offense subscribed by
the fiscal and filed with the court.

Kinds of Jurisdiction in Criminal Procedure.

1. General Jurisdiction – Is the power of the court to adjudicate all controversies except
those withheld from it.
2. Special or limited Jurisdiction – One which restricts the court’s jurisdiction only to
particular cases.
3. Original Jurisdiction – The power of the court to take cognizance of a case for the first
time.
4. Appellate Jurisdiction – The power of the court higher in rank to reexamine the final
order or judgment of a lower court.
5. Exclusive Jurisdiction – The power to adjudicate a case to the exclusion of all other
courts.
6. Concurrent, coordinate or confluent Jurisdiction – The power conferred upon
different courts to take cognizance of the same case.

Distinction between warrant of arrest and search warrant

Warrant of arrest is a warrant issued by a judge which authorize a police officer to the
arrest and detention of an individual, or the people named in the warrant while the
search warrant is a warrant issued by the competent authority authorizing a police
officer to enter and search premises.
03/22/2020

What are the different kinds of court including their Jurisdiction.

A. MeTC, MTC, MCTC
1. Exclusive Jurisdiction over all violations of City or Municipal ordinances committed
within their respective territorial Jurisdiction.
2. Exclusive original Jurisdiction over all offenses punishable with imprisonment not
exceeding 6 years irrespective of the amount of the fine, and regardless of other
imposable accessory or other penalties. They shall also have exclusive original
Jurisdiction in offenses involving damage to property through criminal negligence.

B. Regional Trial Court

1. Exclusive original Jurisdiction in all criminal cases not within the exclusive jurisdiction
of any court, tribunal or body, except those falling under the exclusive and concurrent
jurisdiction of the sandiganbayan.
2. Appellate Jurisdiction over all cases decided by MTC, MET, and MCTC in their
respective territorial jurisdiction.

C. Family Court
1. Excluive original jurisdiction over criminal cases where one or more the accused is
below eighteen years of age, or where one or more of the victim is minor at the time of
the commission of the offense.

D. Court of Appeals
1. Exclusive appellate jurisdiction over the annulment of judgements of regional trial
courts and:
2. Exclusive appellate jurisdiction over the eannulment of judgements, decision,
resolution, order ar awards of RTC, boards or commission etc.

E. Sandiganbayan
1. Exclusive original jurisdiction in all cases involving violation of R.A. 3019, R.A. 1379
and title VII Book two of the revised penal code where one or more of the accused are
officials occupying the following positions in the government whether in permanent,
acting or interim capacity at the time of the commission of the offense
A. Officials of the executive branch occupying the position of regional directorand higher
otherwise classified as grade 27 and higher, of the compensation and position
classification Act. Of 1989 (R.A. 6758)

F. Supreme Court
1. It has the power to review and revise modify or affirm all criminal cases in which the
penalty is reclusion Perpetua or higher.

Is Sharia Court a Court?

Does the Supreme Court has Jurisdiction over Sharia Court?
The Sharia court is one with limited and special jurisdiction to hear and decide cases and
administer justice for the country’s Muslims in art. 307 the Sharia court is part of the
judicial system.

Distinguish Preliminary Investigation from Preliminary Examination.

Preliminary investigation is an inquiry or proceeding to determine whether there is
sufficient ground to engender a well-founded belief that a crime has been committed
and the respondents is probably guilty thereof and should be held for trial while
Preliminary Examination is the proceeding for the determination of the existence of
probable cause for the purpose of issuing a warrant of arrest.

What is Probable cause?

Probable cause must exist for a law enforcement officer to make an arrest without a
warrant, search without a warrant, or seize property in the belief the items were
evidence of a crime.
03/29/2020
1. What is arrest?
An arrest is the act of apprehending and taking a person into custody, usually because
the person has been suspected of or observed committing a crime. After being taken
into custody, the person can be questioned further and/or charged. An arrest is a
procedure in a criminal justice system.
2. What is the General rule for arrest?
The general rule is that to make an arrest, the police must obtain an arrest warrant.
However, if an officer has probable cause to believe that a crime has been committed,
and there is no time to obtain a warrant, the officer may make a warrantless arrest. An
officer also may make a warrantless arrest of persons who commit a crime in the
officer's presence.
An invalid arrest is not generally a defense to prosecution. However, if an arrest is
unsupported by probable cause, evidence obtained pursuant to the invalid arrest can be
excluded from trial.
Where photo arrays or lineups are used, the police must refrain from highlighting the
arrestee. For example, if an arrestee is white, an officer may not show a witness a series
of photographs in which all of the other subjects are black. If an identification procedure
is too suggestive, any identification by the victim may be excluded from trial.
3. Can you summon or ask assistance in making arrest?
Officer may summon aid to make arrest. Any officer making an arrest may summon as
many persons orally as the officer deems necessary to aid the officer therein.
5. What is R.A. 7438?
7438, otherwise known as “AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED,
DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE
ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES
FOR VIOLATIONS THEREOF”, was enacted into law.
6. What are the rights mentioned in R.A. 7438?
Republic Act No. 7438 April 27, 1992 AN ACT DEFINING CERTAIN RIGHTS OF PERSON
ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES
OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF.
1. What is bail?
Bail is the the security given for the release of a person in custody of the law, furnished
by him or a bondsman, to guarantee his appearance before any court as required under
the conditions hereinafter specified. Bail may be given in the form of corporate surety,
property bond, cash deposit, or cognizance.

2. Who can post bail?

The court will post bail to an arrested person to ensure that he or she will appear in
court when order to do so.

3. What are the forms of bail?

A. Property Bond
B. Corporate Surety
C. Cash Bond
D. Recognizance
04/25/2020

1. Basic concept of Arraignment and plea

A. The accused must be arraigned before the court where the complaint or information
has been filed or assigned for trial.

It shall be made in open court by the judge or clerk by furnishing the accused with a
copy of the complaint or information, reading the same in the language or dialect
known to him and asking whether he pleads guilty or not guilty.

2. Meaning and importance of arraignment.

Arraignment is the means for bringing the accused into court and informing him of the
nature and cause of the accusation against him. During arraignment, he is made fully
aware of possible loss of freedom or of life. He is informed why the prosecuting arm of
the state is mobilized against him.

3. Option of the accused before arraignment and plea.

Criminal defendants usually have the option to waive arraignment, especially if a
defendant has an attorney. Defense counsel can facilitate this process by
communicating with the prosecutor and the court and submitting a waiver of
arraignment in writing.

4. Where arraignment is to be made.

Arraignment is made by:
A. In open court
B. By the judge or clerk
C. By furnishing the accused with a copy of the complaint or information
D. Reading it in the language or dialect know to him
E. Asking him whether he pleads guilty or not

5. How arraignment is made?

Normally, the process of an arraignment consists of calling the name of the accused or
defendants, reading the indictment or information against him/her and seeking from
the accused whether he or she wishes to plead, not guilty or guilty, and formally
entering that plea on the court record.

6. When arraignment is to be made?

The general rule is that the accused should be arraigned within 30 days from the date
the court acquires jurisdiction over the person of the accused.

The time of pendency of a motion to quash or a bill of particulars or other cause

justifying suspension of the arraignment shall be excluded in computing the period.

However in the following cases, the accused should be arranged within a shorter
period, as required by law:
1. Where the complainant is about to depart from the Philippines with no definite
date of return, the accused should be arraigned without delay and his trial should
commence within 3 days from arraignment
2. The trial of cases under the Child Abuse Act requires that the trial should be
commenced within 3 days from arraignment
3. When the accused is under preventive detention, his case shall be raffled and its
records transmitted to the judge to whom the case is raffled within 3 days from the
filing of the information or complaint. The accused shall be arraigned within 10 days
from the date of raffle

7. When a plea of not guilty shall be entered?

The court should withdraw the plea and enter a plea of not guilty.

8. Requisites for a plea of guilty to lesser offense

Sec. 2. Plea of guilty to a lesser offense. – At arraignment, the accused, with the
consent of the offended party and prosecutor, may be allowed by the trial court to
plead guilty to a lesser offense which is necessarily included in the offense charged.
After arraignment but before trial, the accused may still be allowed to plead guilty to
said lesser offense after withdrawing his plea of not guilty. No amendment of the
complaint or information is necessary.
9. What is plea bargaining?
The plea bargain (also plea agreement or plea deal) is any agreement in a criminal
case between the prosecutor and defendant whereby the defendant agrees to plead
guilty or nolo contendere to a particular charge in return for some concession from
the prosecutor. This may mean that the defendant will plead guilty to a less serious
charge, or to one of the several charges, in return for the dismissal of other charges; or
it may mean that the defendant will plead guilty to the original criminal charge in
return for a more lenient sentence.

10. Plea of guilty to a capital offense

Sec. 3. Plea of guilty to capital offense; reception of evidence. – When the accused
pleads guilty to a capital offense, the court shall conduct a searching inquiry into the
voluntariness and full comprehension of the consequences of his plea and shall
require the prosecution to prove his guilt and the precise degree of culpability. The
accused may present evidence in his behalf.

11. What is Improvident plea?

WHAT IS AN IMPROVIDENT PLEA? > Plea involuntarily made and without consent. > It
would be considered if there was failure to conduct searching inquiry, failure of
prosecution to present evidence, no rational basis between testimony and guilt.
4/25/2020

Evidence
Evidence is the means, sanctioned by these RULES, of ascertaining in a JUDICIAL
proceeding the TRUTH respecting a matter of fact.
JUDICIAL MEANING
A: of or relating to a judgment, the function of judging, the administration of justice, or
the judiciary judicial processes judicial powers
B: belonging to the branch of government that is charged with trying all cases that
involve the government and with the administration of justice within its jurisdiction —
compare EXECUTIVE, LEGISLATIVE
2: ordered or enforced by a court a judicial sale
3: belonging or appropriate to a judge or the judiciary judicial robes judicial dignity
4: of, characterized by, or expressing judgment: CRITICAL sense 2d
5: arising from a judgment of God
Judicial Truth
Courts of law contribute to truth-seeking efforts in the aftermath of mass atrocity by
working to establish the circumstances of crimes; the identity of victims; and perhaps
most importantly, the responsibility of perpetrators beyond a reasonable doubt through
legal due process. Judges ascertain the facts of each case by assessing eyewitness,
survivor, and defendant testimonies, forensic and documentary evidence, and other
information that could bring to light the truth.
Judgments in cases of mass human rights abuse do not purport to provide a
comprehensive historical record of the conflict or repression within which the crimes
examined have occurred. Nonetheless, information from judgments issued in
international and national courts can provide crucial knowledge about crimes
committed around the world, thus contributing to the historical record and helping
combat denial and revisionism.
Distinguish between proof and evidence.

EVIDENCE refers to a set of facts or іnfоrmatіоn known to be true abut something. For
example, in a criminal lawsuit, a gun found at the crime scene would be considered
evidence, along the fact that the gun belongs to the defendant, for the guilt of the
defendant PROOF a printed copy of something that is examined and corrected before
the final copies are printed:

When evidence is admissible? However, before evidence can even be used in a criminal
case, it must be considered “admissible”. Whether evidence is admissible or not
depends on several different factors that the court must analyze. Many different items
and statements are often excluded from evidence in a criminal trial because it is
considered “inadmissible”.

What is relevant?
Relevance, in the common law of evidence, is the tendency of a given item of evidence
to prove or disprove one of the legal elements of the case, or to have probative value to
make one of the elements of the case likelier or not.

What is competent?
Competence refers to the legal “ability” of a court to exert jurisdiction over a person or
a “thing” (property) that is the subject of a suit. Jurisdiction that which a competent
court may exert, is the power to hear and determine a suit in court. ... Jurisdictional
authority is constitutionally determined.
05/04/2020

Object evidence
EVIDENCE Evidence is anything that you see, experience, read, or are told that causes
you to believe that something is true or has really happened. Ganley said he'd seen no
evidence of widespread fraud. [+ of/for] There is a lot of evidence that stress is partly
responsible for disease. To date there is no evidence to support this theory. Synonyms:
proof, grounds, data, and demonstration More Synonyms of evidence
Evidence is the information which is used in a court of law to try to prove something.
Evidence is obtained from documents, objects, or witnesses. [Law] The evidence against
him was purely circumstantial. Against ...enough evidence for a successful prosecution.

DOCUMENTARY EVIDENCE
Documentary evidence is any evidence that is, or can be, introduced at a trial in the
form of documents, as distinguished from oral testimony. Documentary evidence is
most widely understood to refer to writings on paper (such as an invoice, a contract or a
will), but the term can also apply to any media by which information can be preserved,
such as photographs; a medium that needs a mechanical device to be viewed, such as a
tape recording or film; and a printed form of digital evidence, such as emails or
spreadsheets. Normally, before documentary evidence is admissible as evidence, it must
be proved by other evidence from a witness that the document is genuine, called "laying
a foundation".

1. Best evidence rule.

The best evidence rule is a legal principle that holds an original of a document as
superior evidence. The rule specifies that secondary evidence, such as a copy or
facsimile, will be not admissible if an original document exists and can be obtained. The
rule has its roots in 18th-century British law.
2. Parole evidence rule.
The parole evidence rule is a rule in the Anglo-American common law that governs what
kinds of evidence parties to a contract dispute can introduce when trying to determine
the specific terms of a contract.
[1] The rule also prevents parties who have reduced their agreement to a final written
document from later introducing other evidence, such as the content of oral discussions
from earlier in the negotiation process, as evidence of a different intent as to the terms
of the contract.
[2] The rule provides that "extrinsic evidence is inadmissible to vary a written contract".
The term "parole" derives from the Anglo-Norman French parole or parole, meaning
"word of mouth" or "verbal", and in medieval times referred to oral pleadings in a court
case.

3. Multilpe admissibility
Multiple admissibility may mean either
(1) The evidence is admissible for several purposes or
(2) An evidence is not admissible for one purpose but may be admitted for a different
purpose if it satisfies all the requirements of the other purpose.