De La Salle University

College of Law

CRIMINAL PROCEDURE COURSE OUTLINE

1st Semester, AY2020-2021

Dean Jose M. I. Diokno

General Policies:

1. You must read all assigned cases in the original.

2. Recitation will be graded. A student called to recite will not be allowed to
read any book or photocopies of cases during recitation. S/he may glance but
cannot read his/her handwritten notes.
3. Grading system: 40% - recitation, quizzes, other class work
60% - final examination
4. The assigned textbook for this class is:
• Riano, Willard, Criminal Procedure (Bar Lecture Series), 2019 ed.
5. In addition to the mandatory materials and readings listed below, and the
assigned pages in the textbook, you are expected to read the assigned cases
(in the original) and other assigned materials.

Mandatory materials and readings:

• 1987 CONSTITUTION:
o Art. III (Bill of Rights)
o Art. VIII, Sec. 5 (Powers of SC)
• Rules of Court, as amended:
o Rules 110-127, and rules cited therein
o Rule 102 (Habeas corpus)
• Batas Pambansa Blg. 129, as amended (see RA 7902, RA 7691 & PD 1860)
• SC Administrative Circular 09-94 (Guidelines in Implementing Expanded
Jurisdiction of 1st Level Courts),
• 1991 Revised Rules on Summary Procedure (Resolution of the Court En Banc
dated Oct. 15, 1991 as amended by A.M. 02-11-09-SC)
• R.A. 8493 (Speedy Trial Act of 1988)
• SC Circular 38-98 (Implementing Rules of R.A. 8493)
• P.D. 1606, as amended by PD 1860, RA 8249 and R.A. 10660 (Sandiganbayan
Law)
• A.M. 13-7-05-SB (2018 Revised Internal Rules of the Sandiganbayan)
• R.A. 6770 (Ombudsman Law)
• A.M. No. 09-6-8-SC (Rules of Procedure for Environmental Cases
• SC Administrative Order 51-96 (Special Courts)
• RA 7438 (Rights of Persons Arrested, Detained or Under Custodial
Investigation)
• RA 9165, sec. 21 (Comprehensive Dangerous Drugs Act of 2002)
• A.M. 19-8-06-SC (Rule on Administrative Search and Inspection under the
PH Competition Act)
• Administrative Circular No. 14-93 (Katarungang Pambarangay)
• A.M. 00-4-07-SC (Rule on Examination of Child Witness)
• A.M. 02-1-18-SC (Rule on Juveniles in Conflict with the Law)
• A.M. 02-1-19-SC (Rule on Commitment of Children)
• A.M. 02-2-07-SC (Amendments to Rule 110, sec. 5)
• A.M. 03-1-09-SC (Guidelines on Pre-Trial and Discovery)
• A.M. 04-1-12-SC -PHILJA, Aug. 29, 2006 (Revised Guidelines for
Implementation of Enhanced Pre-Trial Proceeding under the JURIS Project)
• A.M. 11-6-10-SC (Guidelines for Litigation in Quezon City Trial Courts)
• A.M. 12-11-2-SC (Guidelines for Decongesting Holding Jails)
• A.M. 18-03-16-SC (Plea Bargaining in Drug Cases)
• A.M. 02-11-12-SC (Rules on Provisional Orders)
• A.M. 06-11-5-SC (Rule on DNA Evidence)
• A.M. 12-8-8-SC (Judicial Affidavit Rule)
• A.M. 15-06-10-SC (Revised Guidelines for Continuous Trial of Criminal
Cases)
• A.M. 17-11-03-SC (Rule on Cybercrime Warrants)
• OCA Circular 39-97 (Guidelines on the Issuance of Hold Departure Orders
(June 19, 1997)
• A.M. 18-07-05-SC (Rule on Precautionary Hold Departure Order)
• DOJ issuances:
o DOJ-NPS Manual, Part, XI, secs. 1 & 2
o DOJ National Prosecution Service, 2008 Manual for Prosecutors
o DOJ Department Order no. 70 (2000 NPS Rule on Appeal)
o DOJ Circular No. 61 (1993) [New Rules on Inquest]

Flow of Classes

I. Preliminary Considerations

A. Mini-lecture on:
• History and sources of Rules on Criminal Procedure
• Overview (flowcharts) of the Criminal Litigation Process
• Basic Terms and Concepts in Criminal Procedure
o Concept and purpose of legal procedure in general and criminal
procedure in particular
o Liberal interpretation of the rules
o The adversarial system, burden of proof, and the passive role of the
judge
▪ Hierarchy of Courts
 ▪ Jurisdiction: the authority to hear and try a particular offense
and impose the punishment for it.
▪ Real party in interest in criminal cases:
• Criminal liability: The State
• Civil liability: The Private Offended Party
B. Overview of Criminal Litigation Process
• Riano, pp. 1-24 and authorities cited therein
C. Criminal Jurisdiction in general
• Riano, pp. 22-37 and authorities cited therein
• Assigned cases and other readings
D. Criminal Jurisdiction of Trial Courts
• Riano, pp. 38-62 and authorities cited therein
• Assigned cases and other readings

II. Prosecution of Offenses

• Riano, pp. 63-144 and authorities cited therein

• Assigned cases and other readings

A. Institution of Criminal Actions

B. Prosecution of Criminal Actions
C. Intervention of Offended Party in the Prosecution of a Criminal Action
D. Prosecution of “Private Crimes”
E. The Complaint and Information
F. Amendment and Substitution of the Complaint or Information
G. Venue of Criminal Actions

III. Prosecution of Civil Action and Provisional Remedies

• Riano, pp. 146-190, 577-579 and authorities cited therein

• Assigned cases and other readings

A. Prosecution of Civil Action

B. Provisional Remedies

IV. Preliminary Investigation

• Riano, pp. 191-237 and authorities cited therein

• Assigned cases and other readings

A. The Conduct of a Preliminary Investigation

B. Procedure for cases that do not require a PI
C. Appeals to the Secretary of Justice and OP
D. Review by the higher courts
 V. Arrest, Search and Seizure

• Riano, pp. 238-325 and authorities cited therein

• Assigned cases and other readings

A. Arrest
B. Procedure after Warrantless Arrest (Inquest)
C. Searches and Seizures

VI. Bail
• Riano, pp. 326-364 and authorities cited therein
• Assigned cases and other readings

A. Meaning
B. When as a matter of right
C. When discretionary
D. Amount of bail; excessive bail
E. Cancellation of bail

VII. Rights of the Accused

• Riano, pp. 365-420 and authorities cited therein

• Assigned cases and other readings

A. While under custodial investigation

B. At the trial
C. Appeal

VIII. Arraignment and Plea

• Riano, pp. 422-444 and authorities cited therein

• Assigned cases and other readings

A. Basic concepts
B. How plea is entered
C. Plea bargaining
D. Plea of guilty

IX. Motion to Quash

• Riano, pp. 446-503 and authorities cited therein

• Assigned cases and other readings
A. Grounds
B. Rules for filing
C. Rules for resolving
D. Other matters

X. Pre-Trial and Trial

• Riano, pp. 505-544 and authorities cited therein

• Assigned cases and other readings

A. Pre-Trial
B. Trial
C. Demurrer
D. Remedies before Judgment

XI. Judgment and Remedies After Conviction

• Riano, pp. 546-577 and authorities cited therein

• Assigned cases and other readings

A. Judgment
B. Remedies after Conviction
C. Appeals