CRIMINAL PROCEDURE | FISCAL CARRILLO 2020-2021
MODULE 1 Do we apply these 2 cases that were provisionally dismissed before the
PRELIMINARY CONSIDERATIONS
Most of the principles of criminal procedure are familiar to you especially since
you have already taken up criminal law. The problem with procedure is that it
is a process, it is not substantive law. Not so much as to the distinction between
what is good and not good, what is fair or not fair, unjust, or just. It is not as
black and white as a substantive law. We always have to look at procedure as a
means in attaining the aims of justice or at the very least, attaining the purpose
of the substantive law.
We look at procedure as a means of ascertaining whether a crime was
committed and who should be liable. We already know what are the crimes
committed, who should be liable and procedure is the means by which we can
determine if one is liable for a crime or not. And, another thing about procedure
is that it always gives way to substantive right.
So, please do not be surprise that in the reading of your jurisprudence, you will
see a lot of instances where the SC will disregard its own rules and we say its
own rules is that criminal procedure as part of the revised rules of court was
created by the SC and not Congress. While it has the force and effect of law, it
is actually promulgated and created by the SC through the rules of court. Again,
as I said it will disregard its own rules.
As the title of the topic suggests, it is a process, a procedure, a step-by-step
guide in trying to determine a specific objective, whether it is preliminary
investigation or an inquest proceeding, or trial or appeal, criminal procedure is
a step-by-step guide. This is different from mediation arbitration and the other
alternative dispute resolution in the instance that it is a rigid process. A rigid
process is when you have to follow, otherwise you won’t get what you want or
objective.
PEOPLE V. LACSON; TIME BAR RULE
The SC said that procedure is not only set up for the benefit of the accused
but also for the benefit of the other party, well that’s the State. Because
usually in criminal procedure it is the State which is the plaintiff and the
accused as the defendant. So, the procedure here is not only for the
purpose of protecting the rights of the accused, it is also there to protect
the interest of the State so that it may properly enforce its laws and properly
punish those who commit crimes.
TIME-BAR RULE-
In People v. Lacson, they were talking about the time-bar rule. In 2000, the
rules of court, specifically, the rules of criminal procedure were amended.
They introduced what they now call the time bar rule. In the time bar rule,
there are certain cases which somehow have stagnated or di na muliok, the
parties were given the chance to provisionally dismiss the case. Meaning to
say, let’s have a temporary dismissal and depending on the type of the case
and not depending on the penalty, a length of either one year or 2 years.
Meaning to say, within 1 or 2 years, the prosecution will have the
opportunity to revive the case by mere motion. File ka motion and you can
revive that provisionally dismissed case and then if after the 1 or 2 years
depending on the motion of the provisional dismissal, there is no motion to
revive the case, then the dismissal becomes final. This is a relatively new
concept in which the SC introduced at that time amendments.
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amendment?
The SC said NO. We only apply this to cases after the amendment because
if we’re going to apply this to cases before the amendments, it will have a
retroactive effect and will be very prejudicial to the interest of the state.
While the prejudice to the accuse is minimal as compared to the prejudice
that would be cause to the State, if you are going to give it a retroactive
effect.
In criminal procedure, we are basically talking about the procedure in court.
How do we prosecute a crime? How do we prosecute a person who has been
accused of committing a crime? We do that in court. We do not do that in quasi-
judicial agencies or administrative agencies. We only do that in court. It could
be the MTC, RTC, or the Sandiganbayan. Those are generally the courts that try
and litigate or where criminal cases are litigated.
In criminal cases we have two parties at odds with each other. They have
specific interest that are inconsistent with one another because we have one
party accuses the other of a crime and of course the accused person is saying
NO, unless of course he pleads guilty. But he is on the other side of the fence,
so to speak.
2 parties-
1. plaintiff - the accusing party which is the state or People of the
Philippines
2. defendant who we call in criminal cases usually as an accused,
instead of in civil case we just call them the defendant.
How defendant is called during Preliminary proceedings vs. Court proceedings-
In a preliminary proceeding which is that of the Office of the prosecutor, we
call them the respondent. But in the court, we call the defendant the accused.
So, they are at odds with each other. So, it is ADVERSARIAL.
As we said, we use a rigid set of rules – (semi rigid) because of all the
jurisprudence on the rigid set of rules to go about trying the case. It is the court
that decides. It is unlike your (kining mga bag-o na mga resolution mechanisms
like mediation-arbitration wherein the parties have a hand on how to go decide
the case).
Here, the parties present the case and the judge decides, he accepts all the
evidence presented by the parties and the court alone decides, whether the
accuse is guilty or not guilty. This is the only job or objective of a court or judge
and that is to determine whether a person is guilty or not guilty. Di na sya
muingon innocent. It is guilty or not guilty. The question of whether you are
innocent or not, ikaw ra jud ug ginoo kahibaw ana.
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The basis of criminal procedure or one of the most basic pillars of criminal
procedure is the presumption of innocence. It is from that basic right that all
these concepts of criminal procedure, such as due process, quantum of
evidence, etc., even the order of trial, all of these spring from this basic principle
of presumption of innocence. If the accused is presumed innocent, then it is
the burden of the state to prove his guilt.
Presumption of Innocence-
SECTION 14.
(2) In all criminal prosecutions, the accused shall be presumed innocent until
the contrary is proved, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the accusation against
him, to have a speedy, impartial, and public trial, to meet the witnesses face
to face, and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is
unjustifiable. (1987 Constitution)
In fact, if the state given his opportunity cannot discharge from that burden and
miserably fails to establish the elements of the crime or the identity of the
accused. The accuse can even file a demurrer for evidence. It can say that ok
Mr. state that is your evidence, I don’t have to present anything because by
your evidence alone you cannot convict me. We call that demurrer of evidence.
That is the burden of the state. So, we all have these principles springing from
the basic right to be presumed innocent.
As a general rule, you have one way of interpreting the rules but there are
always several exceptions. As for example, supposedly, the rules should be
liberally interpreted.
Liberal Interpretation-
It is liberally interpreted. Meaning to say, we give allowance as to what might
happen or we don’t have to strictly conform with the rules.
PEOPLE V. EBIAS
The court said we can disregard to a certain degree. The accused here filed
a motion for new trial.
One of the basic elements or the requirements of a motion for new trial is
that the evidence should be newly discovered. Meaning to say, it was not
discovered at the time of the original trial before the motion was filed.
In this particular case, the court said while it’s not really that the evidence
is newly discovered but because, here, somebody else confess to the crime.
They said, well it could have been discovered at the time before the motion
was filed but since it is very important this newly discovered evidence, so
we will grant the motion for new trial.
We have here a case of a liberal interpretation of the rules.
VDA. DE MANGUERRA V. RISOS
The court decided to strictly follow the rules.
In this particular case, it was a question about perpetuating the testimony
of a witness. The general rule is that if you are a witness, you have to testify
in court during trial. But there are instances where you cannot or you
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already foresee that you are not available during the trial. So, you can testify
first, turn your testimony and have it presented during the trial. So, kwaan
ka testimony before the trial. Then it will be preserved and kept
confidential, secure identity, etc. and during the trial it will be presented as
your testimony. There is a process for that.
Here, the complainant was in Manila and the place was filed in Cebu and
the complainant wanted to have her testimony done in Manila because she
cannot possibly come to Cebu. She wanted her testimony to be taken in
Manila and during the trial, in written form and have it presented in the
court of Cebu.
HELD:
The court said NO because the rules are clear. The rules are clear that if it is
the complainant or the plaintiff, witnesses for the plaintiff or the state, the
perpetuation of their testimony must be taken before the court where the
case is pending.
So, beside the fact that it might be difficult because she is in Manila, sick, in
the hospital, etc. The SC said that we will strictly adhere to the rules in this
case because the rules are clear and categorical that if it is a witness for the
prosecution and witness for the state and you want to perpetuate their
testimony or his testimony then you have to take the testimony beforehand
in the court where the case is pending not in the court in Manila.
Pwede na if you are in the defense. On the defense side, you can take it in
some other courts.
Example: If the accused is in jail because he is already serving sentence for
another case or another crime. You don’t have to take him back in Cebu, if
let’s say he is serving sentence in Muntinlupa. His testimony can be taken in
a court in Muntinlupa and submit it here as a perpetuated testimony.
So, these are instances, where you will find that the court will either liberally
construe the rules or strictly construe the rules. They really have no strict
guidelines as to when to do that, it is usually just a general pronouncement on
the end of substantive justice or for an orderly administration of justice. Things
like that. Mao na usahay maglibog ta sa SC.
This is basically what we are going to be taking up in this course. The revised
rules of criminal procedure. That is Rule 110 to 127 of the Revised Rules of
Court. As I said, it has the force and effect of law, although, it was not created
by Congress, as it was created by the SC. That is why in-
ESTIPONA V. LOBRIGO
This is the case of 9165, where the court said that the prohibition on 9165
against plea bargaining is unconstitutional. Congress that is an
unconstitutional provision which you have come up with RA 9165 where
you said that plea bargaining is not allowed because plea bargaining is part
of procedure. And it is the SC who decides on the procedure dealing the
practice and the discipline of lawyer that is the realm of the SC.
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Here in limitations, we have the most basic right in procedure is due process, a
constitutional limitation. Meaning to say, both substantive and procedural due
process.
ALONTE V. SAVELLANO
I don’t know if you remembered this Judge sevillano. There was even a
movie made about him. The hanging judge of somewhere in manila. But
anyway, was that this is a rape case. And before trial could start, the accused
presented an affidavit of desistance executed by the victim.
You are probably familiar with an affidavit of desistance. Basically, it is an
affidavit wherein the complainant or victim is saying I am no longer
interested – I was mistaken, I don’t have evidence, etc. whatever could be
the reason. Basically, he is desisting, the complainant is desisting from
further going forward with the case. Basically, ako nana ipa dismiss.
Anyway, in this case, the accused presented an affidavit of desistance and
in fact the victim testified that yes she executed an affidavit of desistance.
Paghuman ato, Sevellano still convicted the accuse of rape. No trial was
done because the prosecution said that well with the presentation of
affidavit of desistance by the victim were not going to present trial.
Everybody was thinking that the case would be dismiss but Sevellano said
NO! GUILTY. That is why the SC said that di napud pwede, that is beyond
due process. If we are going to convict the person through due process and
for criminal cases you need jurisdiction over the case, the person of the
accused, the accused is given the opportunity to be heard and there be a
lawful hearing and a judgement. Wala na sunda ni Savellano. Di jud sya dah
guilty. HAHA lisod na sad kayo.
Disclaimer from fiscal: I do not know if this is a wise decision on my part to cite
this case.
SHULEY V. DENR
In Shuley vs. DENR, it is quite long and it is not even a criminal case, its just
a dicussion and then the discussion on jurisdiction is just a small part on the
case but nindot ghpon na inyo basahon when you take up Rules 45 mga civil
procedure.
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You'll learn one of the most basic issues or important things you need to
distinguish is what cases are subject to rule 45 and rule 65 of the rules of
court. Because daghan kayo mga cases regarding criminal procedure that is
always a topic.
Rule 45 v. Rule 65-
Basically, Rule 45 is a mode of appeal it is for final orders and judgements
which is something that disposes of the case and rule 65 is for interlocutory
orders. They have different functions and grounds.
But anyway, what the SC here was saying is that the RTC by committing
grave abuse of discretion, emphasis on “grave” because the SC said you can
abuse your discretion and that could still be an error of judgement but you
cannot gravely abuse your discretion because that would result in lack of
jurisdiction.
Abuse of discretion v. Grave abuse of discretion –
So there is a difference between abuse of discretion and grave abuse of
discretion and that is whenever it is capricious and whimsical or no basis for
the judgement and then that is an example of grave abuse of discretion and
whenever the court acts with grave abuse of discretion it effectively divest
itself of jurisdiction. So that, any judgement it renders with grave abuse of
discretion is tantamount to no judgement at all.
That can be the subject of Rule 65, if it is an interlocutory order. If it is a final
order or judgement, then you can always go to 45 as an appeal. But here, it
was an order issuing a mandatory injunction.
The RTC issued a mandatory injunction with no basis at all, that is why the
CA struck it down and the SC affirmed the decision of the CA.
In criminal cases a court has to have jurisdiction over the:
1. SUBJECT MATTER
Usually involves what is the crime.
Municipal Trial Courts – called as First level Courts
Generally for crimes that is punishable by imprisonment of 6 years and below
it is the MTC, MTCC, METC, MCPC, daghan sila klase. In some books, they are
just referred to as the MTC but there is actually kanang:
• MTC – municipa trial court.
• MCTC – Municipal Circuit trial court
• METC – Metropolitan Trial Court
• MTCC – Municipal Trial Court in Cities
Kaning diri sa cebu, what we have are MTCCs – Municipal Trial Court in Cities.
Anyway, mas maypa ingnon na lang ug First Level Courts. They are the first level
courts. If you look at the pyramid it’s the First level courts. That is one way of
looking at who has jurisdiction over the subject matter.
Who has jurisdiction over the subject matter?
If penalty is punishable by First Level Courts
imprisonment of 6 years and below
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If penalty is 6 years and 1 day and Regional Trial Courts
above
If the case involve drugs Specially designated drugs court
If the case involves a minor or Specially designated family courts
violence against women and
children
If it involves corporate law or Specially designated corporate
cybercrime court

In Cebu, it is RTC Branch 11 is where

the cybercrimes are filed depending
on the subject matter.

2. TERRITORY
GR, the court has jurisdiction over the territory where the crime is committed.
Jurisdiction over the subject matter –
3. PERSON OF THE ACCUSED
Jurisdiction over the subject matter is determined by the allegations in the
How do you acquire jurisdiction over the person of the accused?
information or complaint.
There are several aspects of looking into jurisdiction over the person. Aspects:
If military personnel or civillian – file it with the military court or civillian court.
Example: Information says attempted murder, remember attempted murder or
But, GR, jurisdiction over the person of the accused is whether the court has
in attempted stage, the person commences the execution but does not
acquired the jurisdiction.
perform all acts for some causes or accidents other than his own spontaneous
desistance. He started committing the crime of murder, but was not successful
Example: The accused has personally appeared in court and participated.
and was not able to take a fatal wound so the person survives. Hence,
Meaning to say, he has recognized the jurisdiction of the court. He participated
attempted murder is filed. What if during the trial what was proven was serious
in the arraignment, the trial and not once had he objected on the jurisdiction
physical injuries because the court said there was no intent to kill, the intent
over the court. Then, we can say that the court has jurisdction over the person.
was merely to inflict injuries on the victim. The court will say not attempted
murder but serious physical injuries. Take note, attempted murder is cognizable
2 WAYS OF ACQUIRING JURISDICTION OF THE ACCUSED
by the RTC, serious physical injuries are cognizable by the MTC.
1. Through his arrest
2. Voluntary appearance in court
Was jurisdiction properly attained by the court?
YES. Because it is not what crime was committed that determines jurisdiction,
It is either:
it is what was alleged or what was filed that determines jurisdiction.
• through his arrest – kay ni tago man – so the court issues the
warrant of arrest and he gets arrested, then BANG – court has
So, even if the crime of serious physical injuries is not within the jurisdiction of
jurisdiction over the person; or
the RTC, the RTC can properly rule that the crime was serious physical injuries
• voluntarily appears in court – he has posted his bail and then during because it had jurisdiction over the case at the start.
the scheduled hearing he appears and participates. Then we can say
that the court has jurisdiction over the person of the accused. PRINCIPLE OF ADHERENCE OR CONTINUING JURISDICTION
And under the principle of adherence, or continuing jurisdiction, once the court
UNDER CUSTODY OF THE LAW VS. JURISDICTION OVER THE PERSON acquired jurisdiction over the case it maintains to exercise or continues to
Take Note: exercise jurisdiction over the case until the case is finished.
• Under custody of the law –means you have been arrested or you
have voluntarily submitted yourself to the law. Voluntary surrender. So, doesn’t matter what was the result, what matters is that what was filed.
Then we can say that you are under the custody of the law.
o Required for purposes of bail. CRIMINAL PROCEDURE CRIMINAL LAW
• Jurisdiction over the person of the accused – it can either be through
In Criminal Procedure, the rules In Criminal law, you will be punished
your arrest or your voluntary appearance in court.
applicable is the law at the time of under the law which was effective
o Required for purposes of trial proceeding.
the filing not at the commission at at the time the crime was
the time of the filing. committed.
Under custody of the law but no jurisdiction over the person of the accused -
It is possible that you are already under the custody of the law but you have not
Example: At the time of the Hence, it is the law at the time you
yet been or you are not yet under the jurisdiction of the court or it could be the
commission, the crime was commit the crime that governs and
other way around.
cognizable by the MTC. But at the is applicable to you which is the
time of the filing, the cases are now prospective nature of criminal law.
Under jurisdiction of the court but not under custody of the law –
cognizable by the RTC. Hence, case
You are under the jurisdiction of the court but you are not yet under the
should be filed at the RTC since it
custody of the law. Wa ka madakpi, wa ka mu surrender. But you have appeared
must be at the time of the filing of
in court because lets say it is a summary procedure case, so no warrant of arrest
the case. The filing of the case is
was issued against you. These are two different concepts.
part of procedure.

What if there is a change in penalties in such a way that it changes the

jurisdiction?
A: What determines is the law effective at the time of the filing of the case of
the law in court. Not at the time of commission. That is for the purposes of
determining the imposable penalty.

If for purposes of determining criminal liability?

It is the law applicable or effective at the time of the commission which shall
govern.

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is residence of the victim or if you are a public official, where you held office at
the time where the crime was committed. So, special iya rules.

RA 9208 – ambot unsaon na nila there is extra-territorial application. I don’t

know how they will do that. Although there was one case where the accused-
husband went abroad and lived with another woman abroad and stop giving
financial aid to the wife here in the Philippines. The court said while the act was
technically committed outside of the PH, the effects, the injury, the
psychological injury resulted here in the Philippines. Technically, not a case of
extra-territorial application. SC said ang damage naa man diri sa pilipinas, so we
have jurisdiction over the case.

• If it is a train, aircraft, or vehicle – where the vehicle or the train

might be passing several jurisdictions although we do not have a
train in Cebu, but anyway, let’s say a bus or an aircraft so the ports
where the vehicle pass including the departure area and arrival, you
can file it in any of those jurisdictions.

TN: once you file it in one that court assumes jurisdiction with the inclusion of
all others.

Example: Aircraft from Cebu to Manila. The rule says anywhere the vehicle
passed – including departure and arrival. Hence, one can file either in the courts
of Cebu or Manila. Once filed in Cebu, then Cebu has jurisdiction to the
exclusion of Manila.

The same goes with the vessel.

CRIMINAL JURISDICTION OF COURTS (BP BLG 129 RA 7691)
VEHICLE V. VESSEL
Vehicle must be a land vehicle while vessel here refers to a marine vessel. That
is why it talks about ports.

For vessel
• First Port of Entry – this is the first port it docks in the course of its
voyage. And all other jurisdiction were the vessels passed.

Types of Jurisdictions:
1. Exclusive Original Jurisdiction
2. Concurrent Original Jurisdiction
3. Appellate jurisdiction

The jurisdiction of the courts by criminal procedure

As we learned in Criminal Law 2 – Libel is filed either where it was first printed EXCLUSIVE ORIGINAL JURISDICTION (EOJ) AND CONCURRENT ORIGINAL
and publish or residence of the victim. JURISDICTION (COJ)
• If government official – where he held office at the time of the Meaning to say two courts.
commission of the crime.
Example:
If he is a government official, where he held office at the time of the
The RTC and Sandiganbayan in certain cases have Concurrent Original
commission of the crime. Kana rang tulo because if you don’t make special rules
Jurisdiction. You can file it in either court. Although, as I have said, once you
for libel, then the complainant can file the case in anywhere that libelous article
filed it in one it is to the exclusion of all other courts and the other one is
was printed. So if it is a newspaper of general circulation, a bisag-asa niya ma
appellate original jurisdiction.
file, and he can you use that to harass the victim. He is going to file it in a very
far away place so that the victim.
EXCLUSIVE ORIGINAL JURISDICTION (EOJ)
MTC has exclusive original jurisdiction over:
But in online libel, you cannot say or determine where it was first printed and 1. Ordinances
published kay diba theoretically if you post it, as for example, in facebook, the 2. Offenses where the penalty of imprisonment does not exceed 6
moment you post, theoretically it appears everywhere where the internet is years
available and you can also say where it was first printed and access, oy di mana 3. Fines
4. Criminal negligence
mao giingon sa balaod wala man naghisgot ang balaod ug access, it only 5. Bouncing checks
mentions of publish. That option is not available in online libel, the only option 6. Summary Procedures

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Ordinances
Example: curfew, ordinances in violation of COVID protocols, any kind of
ordinances imposed by the City. In Cebu, it is the MTCC.
Fine
Fiscal: I don’t know when they will change this because fine under the RPC has
changed. Instead of light felony being P200 it is now– P40,000 thousand.
Remember light felony where it is punished by an imprisonment of 30 days and
a fine of P200, nausab naman P40,000 naman. As of to date, wa pako kabantay
na they have changed this. Hence:
• If penalty is a fine and it does not exceed P4,000 -> MTCC
The general rule is they are for high ranking officials. Im sure there are some
government officials here noh, mga budding politicians nato – mga vice mayor,
council, oh naa ta, so mga LRO pa mo di pa mo mga HRO.
RA 10660
Law providing jurisdiction of the Sandiganbayan.
• General rule: If one is a High-ranking official – one is a High-Ranking
Official if salary grade is 27 or higher.
o Hence, if salary grade is SG 27 – case is within the
jurisdiction of the Sandiganbayan.
o Moreover, if case is in relation to the exercise of your
public functions (usually RA 3019 or Anti-Graft Law).
• National and Local Office – that is why if it is a barangay tanod or
public school teacher – LRO – usually RTC.

That is why if you have a dog unya makapaak and you don’t help the victim of
the dog bite with the medical expenses, the fine is 25k, there is no
imprisonment just a fine of 25K, it is filed with the RTC because the maximum
in the MTC is 4k.

Criminal Negligence
Example: damage to property, exclusive jurisdiction with MTC

TN
In the absence of an RTC judge, the MTC judge can hold a hearing motion for
bail.

Exception to the SG 27 or Higher

When the official is included with the officials from A-G

But these one here, sometimes confusing mao ni usahay mugawas sa

mga kaso. A-G are specifically mentioned without regard to the SG. So,
if you are part of A-G and your SG is below 27 – It doesn’t matter!
Jurisdiction is with the Sandignabayan because they are mentioned
without stating the salary grade. Kay ingon man salary grade or higher
INCLUDING A-G. Bisag unsa pa na ila SG and if you are part of these
then Sandiganbayan imo kaso.
RTC is sometimes called as the courts of general jurisdiction, while the MTC is
called the First Level Courts. RTC are sometimes called courts of general
jurisdiction because the definition of the jurisdiction is that cases that are not
within the exclusive jurisdiction of any other court, then RTC.

✓ They have appellate jurisdiction over the 1st level courts.

✓ They have special jurisdiction as designated by the Supreme Court
and Special Penal Laws
Example: Libel. Libel penalty is 6 years but katong libel na dli online,
libel na newspaper. Even though it is less than 6 years, libel by
express provision of the law, is filed with the RTC. AMBOT NGANO
HAHA I don’t know the reason for that.

SANDIGANBAYAN (PD 1606, RA 8249, RA 10660)

This deals usually with government officials.

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This was one of the new amendments under RA 10660 of the Sandiganbayan sad ka. No special civil actions are allowed. So with
jurisdiction. They added these elements, that now for it to be Sandiganbayan it is not the equivalent an RTC and CA where you can
cognizable of the sandiganbayan, it must allege damage to the file special civil action.
government or the damage must exceed 1M. Otherwise, RTC ka.
SUMMARY PROCEDURE (REVISED RULES OF SUMMARY PROCEDURE OF 1991)
After nana sa effectivity of RA 10660. Before that, this was not a Basically, summary procedure as the term suggests it was meant
requirement. Now, you have to establish damage to the government facilitate the disposition of certain criminal cases para madali.
exceeding 1 million before it can be with the sandiganbayan.

Other cases in which the Sandiganbayan has orginal jurisdiction –
mandamus, prohibition, certiorari, habeas corpus, injunctions, and all
those ancillary writs in aid of its appellate jurisdiction that may arise –
which has to do with the case recovery of ill gotten wealth of
Marcoses.
One of the most salient feature of the summary procedure is the doing
away with the direct examination of a witness. When a witness is
presented, the parties who present him, like for example, ako ang
prosecutor, and then I present one witness in favor of the state. I put
him in the witness stand, when I ask him questions him being my
witness, I am doing direct examination.

We do away with that under direct summary procedure because what

I do is that instead of putting him in a witness stand and asking him
questions, I put him in the witness stand and have him identify in an
affidavit, the moment he identifies the affidavit as his affidavit, that is
submtted to the court, and that becomes his direct testimony. The
moment he identifies the affidavit, deretso na ug cross.

Before summary procedure, I have to ask him all these questions and
that’s going to take time, and then una pa maka cross ang defense. So,
to save time no direct testimony just identifying the affidavit.

That is one basic difference in summary procedure. Somehow ingon

sila, that saves time.
Whenever the RTC has exclusive original jurisdiction over a
And so, a lot of pleadings that is available in civil and criminal
government official – violation of 3019, violation in relation to his
procedures, as a rule, are not available in summary procedure. You
public functions, crime in relation to his public function, the appeal is
cannot file a motion to dismiss. Di na pwede. Kay maglangaylangay ra
with the Sandiganbayan and not to the CA.
na.

If you are a private individual charged as conspIrator with a public

What are the cases subject to summary procedure (see above).
official and jurisdiction is with the Sandiganbayan – then
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 CRIMINAL PROCEDURE | FISCAL CARRILLO 2020-2021
These are the cases subject to summary procedure such as traffic rules
and regulations, rental law (ambot kung naa pay mu file ani wala
naman siguro), ordinances, criminal cases where the penalty
prescribed does not exceed 6 months or 1 thousand (ambot kung mao
pa ba ghapon ni kay wala mani giusab, as I said nana syay disconnect
with all the other crimes under the RPC where the minimum is already
40K and bouncing checks).
This is a basic diagram of how cases are filed.
You commenced it either by complaint or information.
Information
Kining information wala ni problema. This is the document that you file
in court charging a person with a crime.
Complaint
Kining complaint, daghan ni sya klase na complaint. There is a
complaint that a person files with the police – we can call it a
complaint. There is a complaint that the police files with the public
prosecuters office and there is also a complaint that a party files with
the court.
 Complaint person files with the police
 Complaint police files with public prosecutors
 Comoplaint party files with court
If you remember your Criminal law 2, the private offenses such as
seduction, abduction, adultery, concubinage – you file a complaint in
court for that, you don’t file an information. The information is filed by
a prosecutor, so ofcourse you see there prosecutor so and so accuses
mr so and so of the crime of robbery committed as follows. Ill try to
get a copy of an inormation.
• Information – signed by the prosecutor
• Complaint – signed by the offended party
Example:
If it is adultery, then it must be the husband who affixes his signature
in the complaint that is filed in court. So it would be there I, so and so,
the husband of, so and so, accuses her of the crime of adultery and
then narrate how the crime was committed and then he signs and
swears. So mura siya ug affidavit where he signs and swears to the
truthfulness of the complaint and notarized by a notary public or a
public prosecutor who notarizes his complaint.
• Information – written accusation
• Complaint – sworn statement
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It is a sworn statement ang complaint. An information is just a written
accusation. The prosecutor who signs the information does not swear,
it is not a sworn statement.
In summary procedure, crime is committed and then file complaint or
information.
The moment the information is filed, the court will require – ang court
ana one thing it will do is that they will see if the complaint or
information is valid, if it is valid they will require the accuse to submit
his counter-affidavit.
No warrant of arrest is issued.
In regular procedure, those not covered by summary procedure, the
moment the court receives the records diba preliminary procedure for
purposes of issuing the warrant of arrest oh issue una, before anything
else the court will issue the warrant. Here, no warrant is issued deretso
order to submit your counter. Unless, the court will stop it before 3rd
phase see photo. Muingon ang court pataka lang mo. DISMISS.
Here we have distinction.
COMPLAINT
• Signed by the offended party
• Filed with court or any investigative agency
Direct Filing
BTW another thing there might be some of you are living in the
provinces or in a city who does not have their own charter, there is a
slight difference there.
If you are not living in Cebu City, you might have heard or experience
that a case is directly filed in court. Pwede na.
Example: A policeman. It does not have to go to a public prosecutor,
under certain situations he can directly file the case in court. Ang pulis
maoy mu pirma sa complaint. Not the complaint filed by the private
party but a complaint filed by an officer of the law or a public official
tasked with the enforcement of the law. It need not be a policeman
but usually what happens in the provinces, pwede a policeman files a
complaint directly in court.
That does not happen here in Cebu city because by express provision
of law, if you are in Metro manila or in a highly urbanized city which
usually requires a charter, all criminal cases must go thru the city
prosecutor’s office. It is sometimes called direct-filing. There is no
direct filing in Cebu City.
 CRIMINAL PROCEDURE | FISCAL CARRILLO 2020-2021
There is direct filing in cebu province. So, adtoa inyo MTC courts
pangutana unsa ng direct filing or pwede pud if you want to experience
it first hand, you commit a crime para makiha ka ug direct filing sa pulis. by both parties, so you make a stipulation of facts and if that fact is
INFORMATION
Then here, you have an information signed by the prosecutor filed with
the court. As I said, the complaint pwede filed with the court or an
investigating agency like the pulis, nbi, ombudsman.
Informations and complaints – city prosecutors office. But as I have
said, this is where things also differ.
So you have to go to the prosecuter’s office, generally file an
information. Unless prosecuted de officio – seduction, adultery. You
still go to the prosecuters office but what you file is a complaint.
Again, in summary procedure courts consider the information, an
affidavit in evidence, then issues that order, submit counter.
• If the accused is in custody or nadakpan sya, the court will
dismiss the case and order the release.
• Otherwise, if the court does not dismiss the case, he will set
the case for arraignment and issue an order for the
submission of kuan.
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This is allowed in summary and in fact, this is very important in
summary because you get to get rid of certain issues which is admitted
stipulated by both parties, then you don’t have to litigate on that
particular fact, you go to other mode OR mu plea bargain ka pwede
pud.
Affidavit
Here, affidavit of the witness because this applies to both the plaintiff
the state and the accuse, if you are the party presenting a witness, his
affidavit constitutes his direct testimony.
Affiant subject to cross-examination
After identifying the affidavit, deretso na cross examine, no actual
testimony by the witness or affiant. So, deretso sya cross.
• If he does not make himself available for cross, then his
affidavit can be stricken off the record.
F: Murag equivalent to if you are testifying in regular
procedure, it would be stricken off the record because you
are not playing fair. You testified but you are not allowing
the accused to cross-examine you. Then you have this
rebuttal but rarely happens.
So, the order of trial is the plaintiff, the state and then after that,
defendant ug accused and then if there are new matters raised by the
accused, the state may present rebuttal to counter the new matters
raised by the accused. To answer to the rebuttal of the state,
surrebuttalby the accused.
Pinaka taas might be 4 stages in trial. Evidence in chief of the state >
evidence in chief of the accused > rebuttal > surrebutal. Wa na after.
Syaro hurot na guro inyo ebidensya.
As mentioned before no warrant of arrest is issued so the court
immediately says submit counter and on the basis of the counter.
F: OK THIS IS WHAT HAPPENS
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1. Court receives the information for summary procedure. Iya

basahon.
2. If by itself, it is not a valid complaint or information, he can
dismiss it outright or he can say that there is probable cause
so I will direct the accuse to submit his counter-affidavit
within 10 days.
3. After 10 days – court gets to decide based on the
information and the counter-affidavit or if I am not going to
dismiss this I will schedule this for arraignment, and despite
the counter-affidavit submitted by the accused there is still
probable cause that a crime was committed, so schedule ta
arraignment
4. Pre-trial
5. Trial
6. No warrant is issued.

If no warrant is issued -> wala pud bail because the use of the bail is
temporary liberty in exchange for temporary detention while the case
is pending.

Q: Can a warrant be issued?

YES. If the accused does not appear for arraignment. That is the only
time a warrant of arrest may be issued under summary proceedings. If
the accuse unjustifably does not appear for arraignment.

As I have said, a lot of prohibited pleadings to facilitate the case. (See

enumeration above)

**

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