Chapter 1

Preliminary Consideration

I. Basic Concept

Criminal Procedure

Criminal Procedure is a series of processes by which the criminal laws and by which the state
prosecute persons who violate penal laws.

Criminal Procedure is “a generic term to describe the network of laws and rules which
governs the procedural administration of justice.

Criminal Procedure has the imposing task of balancing clashing of societal interests primarily
between those of the government and those of the individual.

The Two kinds of Procedural System

1. Adversarial or Accusatorial System

It contemplates two contending parties before the court which hear them
impartially and renders judgement only after trial. (Queto v. Catolico, 31 SCRA 52)
The system has two (2) sided structure:
1. Prosecution; and
2. Defense.

In adversarial or accusatorial system, the two contending parties will try to

convince the court that its position is the correct version of the truth. The court is in
a passive state, relying largely on the evidence presented by both sides to the
action in order to reach a verdict, either acquittal or conviction. The accusation
starts with a formal indictment called in our jurisdiction as a complaint or an
information.

Complaint – (subscribed by the offended party) under Section 3 Rule 110 of the
Rules of Court, complaint is a sworn written statement charging a person with
an offense, subscribed by the offended party, any peace officer, or other public
officer charged with the enforcement of the law violated.

Information – (subscribed by the prosecutor) under Section 4 Rule 110 of the

Rules of Court, information is an accusation in writing charging a person with an
offense, subscribed by the prosecutor and filed by the court.

2. Inquisitorial System

A system where the court plays an active role and is not limited to the evidence
presented before it. A judge or a group of judges may actively participate in
gathering of facts and evidence.