BAR EXAMINEES GUIDE> Criminal Procedure

BACKGROUND ON CRIMINAL PROCEDURE

We will now go to Criminal Procedure proper.

Q: Define Criminal Procedure.

A: It is the method prescribed by law for the apprehension and prosecution of persons accused of
any criminal offense and for their punishment in case of conviction. (Clark’s Criminal Procedure, p.1)

HISTORY OF CRIMINAL PROCEDURE IN THE PHILIPPINES

Remember our criminal procedure is patterned after the U.S. law. So let’s trace its origin:

The first law on criminal procedure is General Order No. 58 promulgated on April 23, 1900 by
Major General Otis of the U.S. Armed Forces. That went on up to 1940 The Old Rules of Court. After
that is the 1964 Revised Rules of Court. Next is the 1985 Rules of Criminal Procedure which was
amended 3 years later, and again amended on 1991 (on Rule 114).

And finally the most thorough amendment which took effect last December 1, 2000 – the 2000
Rules on Criminal Procedure. So that is now the present law. I hope you have the copy. Do they have
already commercial? Wala pa? Ok. Ah! That is the one prepared by the faculty during the seminar
where I talked (ehem!). Since you are using it, meron man akong ibang kopya ba! Malaki…ganyan o…
direct from the Supreme Court [idol jud nako si Dean!!!] and I have it book-bound.

SYSTEMS OF PHILIPPINE CRIMINAL PROCEDURE

There are generally two (2) systems of criminal procedure:

1. Inquisitorial System; and
2. Accusatorial System.

Remember in a criminal case there are three (3) parties:

1. state, through prosecutor;
2. accused; and
3. private victim.

Under the inquisitorial system, it is a government show and the accused and the private victim is
only incidental. So there is more emphasis on the government’s role. The accusatorial system on the
other hand, holds a different view… baliktad! The role or participation of the State is secondary. We give
more importance on the right or role of the accused or the private victim.

Q: Which of the 2 systems is recognized in the Philippines?

A: Ours is a mixed system… so, Hybrid/Mestizo [murag is Jet!] because the features of both system
are found in our law.

Q: What are some of the inquisitorial aspects of our system of criminal procedure where the
emphasis is on the government’s role?
A: The following:

1. The prosecution of criminal cases is largely controlled by the public prosecutor. ‘Yong fiscal,
siya man ang may say bah…so, under the direction or control of the fiscal or prosecutor;
2. Preliminary investigation is required. You cannot go to court and file it. The fiscal will
determine whether to file it or not. Now can he conduct a preliminary investigation kung
wala ang accused? Well, if you are notified, ayaw mong magbigay ng counter-affidavit,
then tuloy! Bahala ka dyan! Basta ang importante ang role ng government;
3. In case the accused is sentenced to death, whether the accused likes it or not, there will be a
review of death sentence because that is what public interest says.

Q: What are some of the accusatorial aspects of our system of criminal procedure where the
emphasis is on the role of the accused or the offended party?
A: The following:

1. The accused is entitled to a public trial. That is not for the benefit of the government but
that of the accused;
2. It is the right of the accused to be present at every stage of the proceeding;

14
Lakas Atenista
Ateneo de Davao University College of Law
 BAR EXAMINEES GUIDE> Criminal Procedure

3. It is the right of the offended party to intervene by hiring a private prosecutor.

SPACE-FILLER #2:
RECEIVED FROM E-MAIL:

Hey people, some tough questions for you to answer:

QUESTION 1: If you knew a woman who was pregnant, who had eight (8)kids already, three who were deaf, two
who were blind, one mentally retarded and she had syphilis (S.T.D.), would you recommend that she have an
abortion?

Read the next question before scrolling down to the answer of this one.

QUESTION 2: It is time to elect a new world leader, and your vote counts. Here are the facts about the
three leading candidates:

Candidate A: Associates with crooked politicians, and consults with astrologists. He's had two
mistresses. He also chain smokes and drinks 8 to 10 martinis a day.

Candidate B: He was kicked out of office twice, sleeps until noon, used opium in college and drinks a
quart of whisky every evening.

Candidate C: He is a decorated war hero. He's a vegetarian, doesn't smoke, drinks an occasional beer
and hasn't had any extramarital affairs.

Which of these candidates would be your choice? Decide first, no peeking, then scroll down for the
answer.

1. Candidate A is Franklin D. Roosevelt

2. Candidate B is Winston Churchill
3. Candidate C is Adolph Hitler

And by the way: Answer to the abortion question. If you said yes, you just killed Beethoven.

Pretty interesting isn't it? Makes a person think before judging someone.

Remember, amateurs built Noah's Ark!!! Professionals built the Titanic!!!

14
Lakas Atenista
Ateneo de Davao University College of Law