Criminal procedure must always be related to evidence
Criminal proceedings – two contending parties always. For purposes of
criminal investigation, complainant and … if a complaint or information has
already been filed the complainant becomes a private offended party
Nature of cp – always adversarial (parties); prosecutorial; accusatorial
Nature of remedial law – merely a procedure, means and methods ___ rights
and obtaining redress; not a law per se
Substantive law is concurred, defined by law. procedural law is promulgated
by the sc based on the rules
Substantive law cannot be waived, procedural law can be waived
Constitutional basis of the rules – art viii sec 5 par 5??? Rule making power of
the sc. Know by heart what it states!
*the rules on civil actions are applied suppletory in character – when rules of
criminal procedure are not applicable or not sufficient, the rules on ordinary
civil actions shall apply (e.g. replevin, support pendente lite etc – when a
victim of rape bears a child, may require support from the rapist)
Rules of criminal procedure must be construed liberally for purposes of
obtaining substantial justice; it may also be applied retroactively in favor of
the accused
Quantum of Evidence – rule 113
- Proof beyond reasonable doubt, burden on the part of the
prosecution (section 2)
Civil vs criminal vs special proceedings (sec 3 rule 1)
- Definition
- Nature
o Criminal prosecutorial adversarial accusatory
o Civil merely adversarial
o Sp non adversarial except when there is oppositor
- How commenced/availed
o Criminal filing of complaint or information (rule 111?)
 Direct filing if less than years??? And only
in mtc mctc, never in the rtc
 Prelim investigation – filing of criminal
complaint in the proper court
o Civil By petition/verified statements or claims
o Sp by petition
- Parties
o Criminal
 Pre inv – complainant respondent
 Case filed – plaintiff, rep by the state and
accused (only when elevated to the courts)

o Civil plaintiff and defendant
o Sp – petitioners and oppositors, if there are some
- Basis of prosecution/causes of action
o Crim act or omission or violation of criminal statute
o Civil enforcement or protection of right, prevention or
redress of wrong
o Sp remedy of particular status right or particular fact
Sources of criminal procedure – legal basis to solve the problems; mere
mention of the law is insufficient, must mention the provisions then apply to
your answer
- Article 3 of constitution pinakamaraming tanong
- Bp 129 – judiciary reorganization act of 1980
- An act expanding the power of the municipal, etc courts
- Ra 10660
- Ra 9282 –
Judicial affidavit rule – no more need for direct testimony/examination; q&a
with the witnesses
Child witness protection rule eme eme
Electronic evidence rule – inojas case???
CONSTITUTIONAL PROVISIONS (ARTICLE 3)
1. Due process – right of the party litigant, applicable to all kinds of
proceedings
 Does it apply to criminal investigations of the
nbi? No??? because merely recommendatory, they
do not exercise judicial, quasi jud, and
administrative functions – they merely gather
evidence
 Deprived of right when not given a copy of the
complaint or information
 Trial proceedings not even required in civil and
administrative
 Consequences if deprived (correlate to the power
of the court to exercise judicial power)
 Judgment of acquittal remedies
o Civil liability impliedly instituted in
criminal liability – appeal
o Certiorari on 2 grounds – grave
abuse...by the trial court, and lack or
deprivation of due process on the part
of the prosecution
 Sec 7 rule 117 – additional instance to double
jeopardy (violation of a right to due process)
 Take not of Alejano vs people
Equal protection – similarly situated, similarly protected
2. 126 Unreasonable searches and seizures – same with cyber crime
warrants
 Include FIRST HAND INFORMATION RULE (not hearsay
evidence anymore) - magkakaroon lang ng search pag may
information??? Na yung searching officer
3. Right to privacy of communication and correspondence –
inviolable except upon lawful order of the court/public safety and
order otherise requires as prescribed by the law
 Correlate to habeas data (remedy in the form of specpro) –
protection to their life, security, liberty/violation of rights of
person, relating to their personal information
 The authorities cannot basta basta kumalap ng information, also
pursuant to the data privacy act (fb to retain privacy, your accounts
must be in private) – “reasonable expectancy of privacy” in the
post – none if posted in public domain thus HD cannot be obtained
(e.g. fb posts); if you want it to be private, make it private with
security measures
 If posting something without consent of the owner – violation of
data privacy act; not violative if in relation to a pending
investigation
 Anti wire tapping act – can military listen to private conversations?
No, not allowed without consent of the people involved in the
private convo – not admissible in evidence (incompetent evidence)
 Take note of rule 128 sec 3 (admissibility of evidence)
 *anti terrorism act – gr hindi ka pwede making in relation to an act
of terrorism, inadmissible in evidence (military have capability to
record private conversations)
 When admissible (wire tapping) (duty of court to allow or disallow
the evidence)
- Parties consent
- Law enforcement officers file petition for issuance of
the order before the ca – if allowed by the court, they
can now “overhear”
- Failure of the Prosecutor to object to presentation of the
evidence (waiver)
 When admissible (anti terrorism) – dami red tagging
- File petition in ca
- Failure to object (but it doesn’t mean that admission =
weight of evidence)
 Ortanez vs ca – consent is required in case of private telephone
convo because it is still part of section 3 art 3
- Paano pag sa extension line? Gr di mo pwede
pakinggan. Paano pag accidentally narinig? Can the
latter testify regarding the convo? Yes. Extension line
of a telephone is not included in the prohibition.
 Lucban vs Villavicencio – prostitutes pinatapon sa davao –
violation of rt to travel, liberty of abode (sec 6)
 Xpns:
- Squatters area needed by the government/for public use
o Pwede paalisin without eme eme because it
is govt property; ra 7279 + 2014 robredo
case; used for infrastructure projects
- If there is national security involved
- Covid19/pandemic
 - HDO issued by an rtc judge/sandiganbayan (the only  During promulgation of judgment
one that can issue) – what if mtc/mctc??? (if you have  Whenever required by the court
pending case, ask permission from the court where the Speedy disposition of cases covers only criminal cases
case is pending) Right against self incrimination
 Section 11 (free access to courts)  Cannot be a witness against himself
 Inadmissible as evidence
12/02/2020  Applicable to testimonial evidence
Right to remain silent is not the same as admission by silence  Can you use it in administrative proceedings?
 The former being a guaranteed right o Gr, NO because the right is more on the criminal side
Custodial investigation & warrantless arrest – private citizen cannot effect the o Xpn - when admin pro is criminal or penal in nature
former because his duty is to turn over the person arrested to the proper
 Can a witness on the witness stand invoke such right? Or only the
authorities
accused?
 If the person arrested confesses to the private person during the
o Rule 132 section 3
course of “delivery”, the private person should testify now as to
Right against being detained
what was said to him
After warrantless arrest, there is custodial investigation!
Provisional dismissal
After custodial investigation -> inquest proceedings (sec 6 rule 112 to sec 5
rule 113)
Double jeopardy
 2008 manual of prosecutors
 Conducted by inquest prosecutor to determine whether there is Doctrine of res judicata in prison grae?????
valid warrantless arrest and the person arrested should be charged
 Is it similar to prelim inves (investigation prosecutor? NO Ex post facto law/bill of attainder
 PInv – file motion to conduct pinv plus waiver - remedy as long as  Epfl – at the time of commission, not yet punishable by law
the case is in the inquest prosecutor, otherwise file where the  Boa –
complaint or information is filed (rule 112)
Section 13 rule 126 (put also on sec 5 rule 113) 2 3 12 13 14 16 1 20 21 art 3
 Search incident to lawful arrest
…back to constitutional provisions Section 1 art 8 consti
BAIL  Judicial power
 Even before case be filed, accused may already post bail  Sc court established by constitution
 Sec 4 and 5 rule 114 take note!!! 
 When a matter of right – even convicted, can post bail or before
conviction in rtc except when capital offense (sec 6) when
evidence of guilt is strong
 If after conviction, already a matter of discretion
o When a recidivist, attendant with reiteracion, cannot
post bail
 Petition for bail is a MOTION (sec 8)
o Filed in court where case is pending
o Notify prosecutor and offended party
o Burden of proof on prosecution to present that evidence
of guilt is strong
 Section 13 article 3 consti
 If denied, certiorari (because not appealable) – the whole case is
not dismissed; interlocutory order
 Why certiorari? Rule 41 sec 1 provides that rule 65 is remedy (in
rel to sec 8 rule 114)
o Prohibition and mandamus inapplicable
 Take note of enrile vs sandiganbayan (rt to bail in case of capital
offense)

Rule 115 rights of the accused

If there is criminal complaint or information, the accused cannot be convicted
of a crime not specifically alleged (sec 14)
(h) – impartial, hindi ka dapat makipag coffee coffee sa judge

Exclusion of witnesses (rule 132 section 14?15?)

 Constitutional guarantee to meet witnesses face to face
 Accused must be present
Trial in absentia (one sided trial rule)
 After arraignment, accused failed to appear despite notice
 In the presence of prosecution, without the accused
 But all requisites must be present – duly arraigned, duly notice,
failed to appear
 Correlate with sec 6 rule 120
Personal appearance of accused
 During arraignment (rule 116)
 For purposes of identification of the accused on the part of the
prosecution
 During pre trial