SAN BEDA UNIVERSITY

College of Law
COURSE SYLLABUS

COURSE CODE:
COURSE TITLE: CRIMINAL PROCEDURE
COURSE CREDIT: 3 UNITS
COURSE PREREQUISITE/S: CRIM 1 and CRIM 2
FACULTY: [•]
EMAIL ADDRESS: [•]
TERM/ACADEMIC YEAR: FIRST SEMESTER SCHOOL YEAR 2021-2022
DAY/TIME/ROOM/SECTION: [•]
COURSE DELIVERY MODE: FULL ONLINE
CONSULTATION DAY/TIME: [•]

COURSE DESCRIPTION:

A detailed evaluation of the law on criminal procedure, including pertinent special

laws, administrative circulars, and Supreme Court decisions.

COURSE GOALS: Expected College of Law Graduate Attributes (ELGAs)

Know and understand the laws, memorize provisions critical and analytical
thinking, effective in written and oral communication, logical reasoning, and sound
judgment, exercise of proper professional and ethical responsibilities

LEARNING OBJECTIVES/OUTCOMES (LOs):

1. Knowledge/Remembering: define, list, recognize

2. Comprehension/Understanding: describe, explain, identify, recognize
3. Application/Applying: choose, demonstrate, implement, perform
4. Analysis/Analyzing: analyze, categorize, compare, differentiate
5. Evaluation/Evaluating: assess, critique, evaluate, rank, rate
6. Synthesis/Creating: construct, design, formulate, organize, synthesize

Upon completion of the Course Title course, the student is expected to be able to:

Expected College of
Law Graduate LEARNING OUTCOMES (LOs)
Attributes (ELGAs)
Critical and analytical LO1. Exhibit a clear and in-depth understanding of remedial law, and
thinking criminal procedure in particular, in preparation for the bar examination
Effective in written and and practice of legal profession
oral communication LO2. Analyze the practical and policy implications of current and
Logical reasoning proposed statutes, regulations, judicial rulings, legal arguments, and
Sound judgment strategies.
Exercise of proper LO3. Assess client concerns and translating them into responsive legal
professional and ethical arguments and strategies.
responsibilities

ASSESSMENT/GRADING SYSTEM:

1
The student will be graded according to the following:

Percentage
(Weight is based
Scope of Work
Requirements (Based on the Learning Outcomes) on the
(Individual)
importance of
the LO)
LO1 Class recitations, Quizzes, Case Digests, Individual
LO2 and Examinations Individual
LO3 Individual

Class standing before Midterms Individual 16.67%

Midterm Exams Individual 16.67%
Class Standing after Midterms Individual 33.33%
Final Exams Individual 33.33%
TOTAL 100

LEARNING PLAN:

Design or the structure of the course that includes content/topics to be covered;

learning resources to be used; weekly schedule of the topics to be taken up; and the
learning methods to be utilized that are most likely to lead students towards the
goals and learning outcomes that were defined.

LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)

Course Introduction Syllabus Aug. 16-21, 2021 Lecture

Course overview Discussion
Course assignments
Course requirements

Module 11 August 23-28, Recitation/

2021 (Module Quiz
Criminal Procedure 11)

GENERAL MATTERS
a. Definition of Remedial Law, Criminal
Procedure; Criminal Law vs. Criminal
Procedure; Due Process in Criminal
Procedure
• Alonte v. Savellano, Jr., G.R. No.
131652, 131728, 9 March 1998
• People v. Dapitan G.R. No. 90625, 23
may 1991

2
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
b. Jurisdiction in General
1. Original Jurisdiction
2. Appellate Jurisdiction
3. Exclusive/concurrent jurisdiction
4. Special Jurisdiction
5. Hierarchy of Courts
• De Lima v. Guerrero G.R. No.
229781, 10 October 2017
6. Adherence of Jurisdiction
c. Requisites for exercise of criminal
jurisdiction
1. Jurisdiction over the Subject
Matter
2. Jurisdiction Over the Person of the
Accused
i. Voluntary Submission
• People v. Go, G.R. No.
168539, 25 March 2014
• Miranda v. Tuliao, G.R. No.
158763, 31 March 2006
• David v. Agbay, G.R. No.
199113, 18 March 2015
• Alva v. Court of Appeals,
G.R. No. 157331, 12 April
2006
3. Territorial Jurisdiction
i. Distinguish Territorial
Jurisdiction from
ii. Venue in Civil Cases (See Rule
4, Rules of Court)
iii. Change of Venue to Avoid
Miscarriage of Justice
• Cruz v. Court of Appeals G.R.
No. 123340, 29 August 2002
• AAA v. BBB G.R. No. 212448,
11 January 2018
d. Jurisdiction of criminal courts
• Guevarra v. Almodovar, G.R. No.
75256, 26 January 1989
1. B.P. 129 – Judicial Reorganization
Act of 1980
2. Republic Act 7691 – An act
expanding the jurisdiction of the
MTC, MeTC, MCTC, amending
B.P. 129; Criminal Cases Covered
by Summary Procedure

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• People v. Atienza G.R. No.
188694, 12 January 2014
3. P.D. 1606 as amended by
Republic Act 8249; Republic Act
10660 – Sandiganbayan
i. Republic Act No. 3019
ii. Republic Act. No. 1379
iii. RPC Book 2 - Chapter 2,
Section 2, Title VII
iv. Republic Act No. 6713
v. 8. Executive Order
Numbers 1, 2, 14, 14-A of
1986
• Lacson v. Executive Secretary
G.R. No. 128096, 20 January
1999
• Crisostomo v. Sandiganbayan
G.R. No. 152398, 14 April 2005
• Sanchez v. Demetriou G.R. No.
111771-77, 9 November 1993
• Adaza v. Sandiganbayan G.R.
No. 154886, 28 July 2005
• Cariaga v. People G.R. No.
180010, 30 July 2010
• De Lima v. Guerrero G.R. No.
229781, 10 October 2017
• Dizon v. People G.R. No.
227577, 24 January 2018
• Antiporda Jr. v. Garchitoren G.R.
No. 133289, 23 December 1999
• People v. Go, G.R. No. 168539,
25 March 2014
• People v. Benipayo, G.R. No.
155573, 24 April 2009
• Soller v. Sandiganbayan, G.R.
Nos. 144261-62, 9 May 2001
• Serana v. Sandiganbayan, G.R.
No. 162059, 22 January 2008
4. Republic Act 8369 – Family
Courts Act
• People v. Dela Torre-Yadao G.R.
Nos. 162144-54, 13 November
2012
• OCA Circular No. 106-2019
5. Republic Act 9282 – Court of Tax
Appeals

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Bureau of Customs v.
Devanadera G.R. No. 193253, 8
September 2015
6. RA 9165, as amended by RA
10640 – Comprehensive
Dangerous Drugs
7. Omnibus Election Code -
(Election Offenses
8. Republic Act No. 10175 -
Cybercrime
9. Republic Act No. 8293 – violation
of Intellectual Property
• Samson v. Daway, G.R. Nos.
160054-55, 21 July 2004
10. Court Martial
• Gonzales v. Abaya, G.R. No.
164007, 10 August 2006
e. Jurisdiction determined by allegations
in the Complaint or Information
• People v. Ocaya, G.R. No. L-47448,
17 May 1978
f. When injunction may be issued to
restrain criminal prosecution
• Arkoncel v. Court of First Instance of
Basilan City, G.R. No. L-27204,
August 29, 1975
• Samson v. Guingona, Jr., G.R. No.
123504, December 14, 2000

Module 12

I. PROSECUTION OF OFFENSES
a. Criminal actions, how instituted
• Prescriptive Period of Crimes,
Interruption
• People v. Galano, G.R. No. L-
42925, January 31, 1977
• Sanrio Co. Ltd. v. Lim, G.R. No.
168662, February 19, 2008
• Republic v. Cojuangco, G.R. No.
139930, [June 26, 2012
• Zaldivia v. Reyes, Jr., G.R. No.
102342, July 3, 1992
b. Who may file them, crimes that cannot
be prosecuted de oficio

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Ampatuan v. De Lima G.R. No.
197291, 3 April 2013
• AAA v. BBB G.R. No. 212448,
11 January 2018
• People v. Mariano, G.R. No. L-
47437, 29 September 1983
• Pilapil v. Ibay-Somera, G.R. No.
80116, 30 June 1989
• Cabral v. Bracamonte, G.R. No.
233174, January 23, 2019
c. Criminal actions, when enjoined
d. Control of prosecution
• Crespo v. Mogul G.R. No. L-
53373, 30 June 1987
• Orbe v. Miaral G.R. No. 217777,
16 August 2017
• Laude v. Ginez-Jabalde G.R. No.
217456, 24 November 2015
• Alawiya v. Court of Appeals G.R.
No. 164170, 16 April 2009
• Tetangco v. Ombudsman G.R. No.
156427, 16 April 2009
e. Sufficiency of complaint or information
• People v. Alba G.R. No. 130523,
29 January 2002
• People v. Dasmarinas y Gonzalez
G.R. No. 203986, 4 October 2017
• Quimvel v. People G.R. No.
214497, 18 April 2017
• People v. Oandasan, Jr., G.R. No.
194605, June 14, 2016
• Evangelista v. People G.R. Nos.
84332-33, 8 May 1996
f. Designation of offense
g. Cause of the accusation
h. Duplicity of the offense; exception
• People v. Jugueta, G.R. No.
202124, 5 April 2016
i. Amendment or substitution of
complaint or information
• Ocampo v. Abando G.R. No.
176830, 11 February 2014
• Fronda-Baggao v. People, G.R.
No. 151785, 10 December 2007
• Matalam v. Sandiganbayan, G.R.
No. 165751, 12 April 2005

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Pacoy v. Cajigal, G.R. No. 157472,
28 September 2007
• People v. Tubongbanua, G.R. No.
171271, 31 August 2006
• Soberano v. People, G.R. No.
154629, October 5, 2005
j. Venue of criminal actions
• Union Bank of the Philippines v.
People G.R. No. 192565, 28
February 2012
k. Intervention of offended party

II. PROSECUTION OF CIVIL

ACTION
a. Rule on implied institution of civil
action with criminal action
• Bernardo v. People, G.R. No.
182210, 5 October 2015
• Maccay v. Spouses Nobela, G.R.
No. 145823, 31 March 2005
b. When civil action may proceed
independently
• Heirs of Simon v. Chan G.R. No.
157547, 23 February 2011
• Ace Haulers Corp. v. Court of
Appeals, G.R. No. 127934, 23
August 2000
• Carandang v. Santiago, 97 Phil 94
(1955)
c. Civil Indemnity
• People v. Oandasan, Jr., G.R. No.
194605, June 14, 2016
d. When separate civil action is suspended
• Coscolluela v. Sandiganbayan,
G.R. Nos. 191411 & 191871, July
15, 2013
e. Effect of the death of accused or
convict on civil action
• People v. Bunay y Dam-at G.R.
No. 171268, 14 September 2010
• People v. Layag G.R. No. 214875,
17 October 2016
f. Prejudicial question
• Reyes v. Rossi G.R. No. 159823,
18 February 2013

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Montañez v. Cipriano, G.R. No.
181089, 22 October 2012
• San Miguel Proeprties, Inc., v.
Perez, G.R. No. 166836, 4
September 2013
g. Rule on filing fees in civil action
deemed instituted with the criminal action
Manantan v. CA G.R. No. 107125, 29
January 2001

Module 13

I. PRELIMINARY
INVESTIGATION
a. Nature of right
b. Purposes of preliminary investigation
• Chiang v. PLDT G.R. No. 196679, 13
December 2017
• Public Attorney's Office v. Office of
the Ombudsman, G.R. No. 197613,
November 22, 2017
c. Who may conduct determination of
existence of probable cause
• Rural Bank of Laguna Inc. v.
Canicon G.R. No. 196015, 27 June
2018
• SEC v. Price Richardson Corporation
G.R. No. 197032, 26 July 2017
PDIC v. Manu Gidwani G.R. No.
234616, 20 June 2018
• Home Development Mutual Fund v.
Sagun G.R. No. 205698, 31 July
2018
i. Distinguish: executive and judicial
determination of probable cause
• Prohibited Motions – Revised
Guidelines for Continuous Trial of
Criminal Cases (A.M. No. 15-06-
10-SC)
• Okabe v. Gutierrez, G.R. No.
150185, 27 May 2004
• People v. Ernesto Delos Santos
G.R. No. 220685, 29 November
2017
ii. RA 6770

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
iii. Administrative Order No. 07, Rules
of Procedure of the Office of the
Ombudsman, as Amended by
Administrative Order No. 15
iv. DOJ Circular No. 70, 2000 NPS
Rule on Appeal, as amended
v. RA 10071
vi. Sec. 265 of the Omnibus Election
Code as amended by Sec. 43 of RA
9369
vii. Section 2 of Article IX-C of the
Constitution
• Arroyo v. Department of Justice, G.R.
Nos. 199082, 199085 and 199118, 18
September
• Basuego v. Office of the Ombudsman,
G.R. No. 196842, 9 October 2013
• Quarto v. Marcelo, G.R. No. 169042, 5
October 2011
• Carpio-Morales v. Court of Appeals,
G.R. Nos. 217126-27, 10 November
2015
d. Procedure
• Callo-Claridad v. Esteban, G.R. No.
191567, 20 March 2013
• Soliven v. Makasiar, G.R. No. 82585, 15
November 1988
• Quisay v. People, G.R. No. 216920, 13
January 2016, 27 June 2018
e. Resolution of investigation prosecutor
f. Review
• Ampatuan v. De Lima G.R. No.
197291, 3 April 2013
f. When warrant of arrest may issue
• Marcos v. Cabrera-Faller A.M.
No. RTJ-16-2472 [Formerly OCA
IPI No. 13-4141-RTJ]
• People v. Dela Torre-Yadao, G.R.
No. 162144-54, 13 November
2012
• Home Development Mutual Fund
v. Sagun G.R. No. 205698, 31 July
2018
• Napoles v. De Lima G.R. No.
213529, 13 July 2016

9
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
g. Cases not requiring a preliminary
investigation
h. Remedies of accused if there was no
preliminary investigation
i. Inquest - Rule on Inquest, Article 125 of
the Revised Penal Code
• Larranaga v. Court of Appeals,
G.R. No. 130644, 13 March 1998
• Leviste v. Alameda, G.R. No.
182677, 3 August 2010
• Integrated Bar of the Philippines
Pangasinan Legal Aid v.
Department of Justice, G.R. No.
232413, July 25, 2017
j. Rule on Precautionary Hold Departure
Order – A.M. No. 18-07-05-SC
k. A.M. No 21-02-01-SC, Rule on the
Destruction and Disposal of Seized
Dangerous Drugs and Instruments Prior to
the filing of An Information

II. ARREST
a. A.M. No. 21-06-08-SC, Rules on the
Use of Body-Worn Cameras in the
Execution of Warrants
Arrest, how made
b. Arrest without warrant, when lawful
• Go v. Court of Appeals, G.R. No.
101837, 11 February 1992
• People v. De Guia, G.R. Nos.
107200-03, 9 November 1993
• People v. Racho, G.R. No.
186529, 3 August 2010
• Ongcoma Hadji Homar v. People,
G.R. No. 182534, 2 September
2015
• Posadas v. Ombudsman, G.R. No.
131492, 29 September 2000
• People v. Cubcubin, Jr., G.R. No.
136267, 10 July 2001
• Pestilos v. Generoso, G.R. No.
182601, 10 November 2014
• In re: Harvey v. Santiago, G.R.
No. 82544, 28 June 1988

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
•
Remeglo v. People of the
Philippines G.R. No. 227038, 31
July 2017
• People v. Bringcula y Fernandez
G.R. No. 226400, 24 January 2018
• Reyes y Capistrano v. People G.R.
No. 229380, 6 June 2018
c. Method of arrest
i. By officer with warrant
ii. By officer without warrant
iii. By private person
• Mallari v. Court of Appeals, G.R. No.
110569, 9 December 1996
d. Requisites of a valid warrant of arrest
e. Determination of probable cause for
issuance of warrant of arrest
f. Execution of warrant of arrest
• People v. Givera, G.R. No.
132159, 18 January 2001

III. BAIL
• A.M. No. 12-11-2-SC – Guidelines
for De-Congesting Holding Jails by
Enforcing the Rights of Accused
Persons to Bail and to Speedy Trial
a. Nature
• Government of Hongkong Special
Administrative Region v. Olalia, Jr.,
G.R. No. 153675, 19 April 2007
• Comendador v. De Villa, G.R. No.
93177, 95020, 96948, 97454, 2
August 1991
• People v. Valdez, G.R. No. 216007-
09, 8 December 2015
b. Conditions of Bail
• Lavides v. Court of Appeals, G.R.
No. 129670, 1 February 2000
c. When a matter of right; exceptions
d. When a matter of discretion
• Leviste v. Court of Appeals, G.R. No.
189122, 17 March 2010
• People v. Fitzgerald, G.R. No.
149723, 27 October 2006
• Enrile v. Sandiganbayan, G.R. No.
213847, 18 August 2015

11
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Trillanes IV v. Pimentel, Sr., G.R.
No. 179817, 27 June 2008
• People v. Escobar G.R. No. 214300,
26 July 2017
• Janet Lim Napoles v. Sandiganbayan
G.R. No. 224162, 7 November 2017
e. Where bail is filed
• Panganiban v. Cupin-Tesorero, A.M.
No. MTJ-02-1454, 27 August 2002
f. Hearing of application for bail
• Floresta v. Ubiadas, A.M. No. RTJ-
03-1774, 27 May 2004
• Villanueva v. Buaya, A.M. No. RTJ-
08-2131, 22 November 2010
• Cabrera v. Zerna, A.M. No. RTJ-02-
1715 (Resolution), September 3,
2002
g. Guidelines in fixing amount of bail
h. Bail when not required
• 5|Adalim-White v. Bugtas, A.M. No.
RTJ-02-1738 (formerly OCA IPI No.
01-1325-RTJ) (Resolution),
November 17, 2005
i. Increase or reduction of bail
• Santos v. Lorenzo, A.M. No. RTJ-02-
1702, 20 August 2002
j. Forfeiture and cancellation of bail
• Esteban v. Alhamra, G.R. No.
135012, 7 September 2004
k. Application not a bar to objections in
illegal arrest, lack of or irregular
preliminary investigation

IV. RIGHTS OF THE ACCUSED

a. Right to be presumed innocent
b. Right to be informed of nature and
cause of accusation
c. Right to counsel/ presence in in every
stage of proceedings
• Custodial Investigation – RA 7438
• People v. Lugnasin, G.R. No.
208404, 24 February 2016
• People v. Baloloy, G.R. No. 140740,
12 April 2002
• People v. Nicandro, G.R. No. L-
59378, 11 February 1986

12
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Perez v. People, G.R. No. 164763, 12
February 2008
• Ibañez v. People, G.R. No. 190798,
27 January 2016
• Spouses Telan v. Court of Appeals,
G.R. No. 95026, 4 October 1991
• Villaflor v. Summers, 41 Phil. 62
(1920)
• Beltran v. Samson, 53 Phil 570
(1929)
• Herrera v. Alba, G.R. No. 148220, 15
June 2005
d. Right to be silent/ to testify/not to be
compelled to be a witness against himself
• People v. Ayson, G.R. No. 85215, 7
July 1989
e. Right to confront and cross-examine
witnesses
• People v. Monje, G.R. No. 146689,
27 September 2002
f. Right to compulsory process to secure
attendance of witness
g. Right to have speedy trial
• Domondon v. First Division,
Sandiganbayan, G.R. No. 166606, 29
November 2005
• Coscolluela v. Sandiganbayan, G.R.
Nos. 191411 & 191871, July 15,
2013
• Ombudsman v. Jurado, G.R. No.
154155, 6 August 2008
• Abadia v. Court of Appeals, G.R. No.
105597, 23 September 1994
• Sec. 9-14, A.M. No. 12-11-2-SC - –
Guidelines for De-Congesting
Holding Jails by Enforcing the Rights
of Accused Persons to Bail and to
Speedy Trial
h. Right to appeal

MIDTERM EXAMINATION

Module 14

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)

I. ARRAIGNMENT AND PLEA

a. Revised Guidelines for Continuous
Trial of Criminal Cases (A.M. No. 15-06-
10-SC)
b. How made; right to counsel
• People v. Pangilinan, G.R. No.
171020, 14 March 2007
c. Conditional arraignment
• Braza v. Sandiganbayan, G.R. No.
195032, 20 February 2013
d. Plea of guilty to a lesser offense/ Plea
Bargaining
• A.M. No. 18-03-16-SC – Adoption of
the Plea Bargaining Framework in
Drugs Cases
• Salvador Estipona, Jr. v. Hon. Frank
E. Lobrigo, G.R. No. 226679, 15
August 2017
• Daan v. Sandiganbayan, G.R. Nos.
163972-77, 28 March 2008
e. Plea of guilt to a capital offense
• People v. Francisco, G.R. No.
192818, 17 November 2010
• People v. Documento, G.R. No.
188706, 17 March 2010
f. Plea of guilty to a non-capital offense
• Bug-atan v. People, G.R. No. 175195,
15 September 2010
g. Withdrawal of improvident plea of
guilty
• People v. Baharan, G.R. No. 188314,
10 January 2011
h. Bill of Particulars
• People v. Desuyo, G.R. No. 140406,
17 April 2002
i. Production or inspection of material
evidence in possession of prosecution
j. Suspension of arraignment
• Hao v. People, G.R. No. 183345, 17
September 2014

II. MOTION TO QUASH

a. Revised Guidelines for Continuous
Trial of Criminal Cases (A.M. No. 15-06-
10-SC)

14
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
b. Grounds, Omnibus Motion Rule;
exceptions
• Anonymous Letter Against Castaneda
A. M. No. P-11-3017, 16 June 2015
• Coscolluela v. Sandiganbayan, G.R.
Nos. 191411 & 191871, [July 15,
2013
• People v. Bayabos, G.R. Nos. 171222
& 174786, 18 February 2015
• In Re Salibo v, Warden, G.R. No.
197597, 8 April 2015
• People v. Tira, G.R. No. 139615, 28
May 2004
• Shyunliong v. Rivera, G.R. No.
200148, 4 June 2014
• Quisay v. People, G.R. No. 216920,
13 January 2016
• Validity of Information –
Presuspension Hearing for RA 3019
Cases - Miguel v. Sandiganbayan,
G.R. No. 172035, 4 July 2012
c. Distinguish from demurrer to evidence
d. Effects of sustaining/denying the
motion to quash
• Cagang v. Sandiganbayan G.R. No.
206438 & 206458, 31 July 2018
• Acharon v. Purisima, G.R. No. L-
23731, 26 February 1965
e. Exception to the rule that sustaining the
motion is not a bar to another prosecution
f. Double jeopardy
• Sps Tumbokon v. Legaspi G.R. No.
153736, 4 August 2010
Macapagal-Arroyo v. People G.R.
Nos. 220598 & 220953, 18 April
2017
• Villareal v. Alga G.R. No. 166995,
13 January 2014
• People v. Laguio Jr. G.R. No.
128587, 16 March 2007
• Ivler v. Modesto-San Pedro, G.R. No.
172716, 17 November 2010
• People v. Nitafan, G.R. Nos. 107964-
66, 1 February 1999
g. Provisional dismissal

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Sec. 9-14, A.M. No. 12-11-2-SC -
Guidelines for De-Congesting
Holding Jails by Enforcing the Rights
of Accused Persons to Bail and to
Speedy Trial
• Bonsubre Jr. v. Yerro G.R. No.
205952, 11 February 2015
• People v. Lacson G.R. No. 149453, 7
October 2003

III. PRE-TRIAL
a. Revised Guidelines for Continuous
Trial of Criminal Cases (A.M. No. 15-06-
10-SC)
b. Matters to be considered during pre-
trial
c. What the court should do when
prosecution and offended party agree to
the plea offered by the accused
d. Pre-trial agreement
e. Non-appearance during pre-trial
f. Pre-trial order

IV. TRIAL
a. Revised Guidelines for Continuous
Trial of Criminal Cases (A.M. No. 15-06-
10-SC)
b. Rule on Examination of a Child
Witness, A.M. No. 004-07-SC
• People v. Garin y Osorio G.R. No.
222654, 21 February 2018
c. Rule on DNA Evidence, A.M. No. 06-
11-05-SC
d. Instances when presence of accused is
required by law
e. Requisite before trial can be suspended
on account of absence of witness
f. Trial in absentia
• Estrada v. People, G.R. No. 162371,
25 August 2005
g. Remedy when accused is not brought to
trial within the prescribed period
• Bonsubre Jr. v. Yerro G.R. No.
205952, 11 February 2015
• Magno v. People G.R. No. 230657,
14 March 2018

16
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
h. Requisites for discharge of accused to
become a state witness; Compare with RA
6981
• Ampatuan, Jr., v. De Lima, G.R. No.
197291, 3 April 2013
• People v. Sunga, G.R. No. 126029,
27 March 2003
• Yu v. Presiding Judge, RTC of
Tagaytay City, Branch 18, G.R. No.
142848, 30 June 2006
i. Effects of discharge of accused as state
witness
• People v. Dominguez y Santos G.R.
No. 229420, 19 February 2018
• People v. De Guzman, G.R. No.
118670. 22 February 2000
• Merciales v. Court of Appeals, G.R.
No. 124171, 18 March 2002
j. Examination of Witness for the
Prosecution/ Examination of Defense
Witness
• Go et al v. People G.R. No. 185527,
18 July 2012
• Vda. De Mangerra v. Risos, G.R. No.
152643, 28 August 2008
• Jaylo v. Sandiganbayan G.R. No.
111502-04, 22 November 2001
• People v. Sergio, G.R. No. 240053, 9
October 2019
k. Mistake made in charging proper
offense
• Pacoy v. Cajigal, G.R. No. 157472,
28 September 2007
l. Demurrer to evidence
• Valencia v. Sandiganbayan, G.R. No.
165996, 17 October 2005
• People v. Sandiganbayan, G.R. No.
153304-05, 7 February 2012
• Arroyo v. People, G.R. No. 220598
and 220953, 19 July 2016
m. Reopening of Case
• Rivac v. People G.R. No. 224673, 22
January 2018
• Hernan v. Sandiganbayan G.R. No.
217874, 5 December 2017

17
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Re Pinto, A.M. No. RTJ-11-2289, 2
October 2012
n. A.M. No. 20-12-01-SC Proposed
Guidelines on the Conduct of
Videoconferencing

V. JUDGMENT
a. Revised Guidelines for Continuous
Trial of Criminal Cases (A.M. No. 15-06-
10-SC)
b. Requisites of a judgment
c. Contents of judgment
• Cobarrubias v. People, G.R. No.
160610, 14 August 2009
• People v. Labao, G.R. No. 102826,
17 March 1993
• People v. CFI of Quezon, Branch X,
G.R. No. L-48817, 29 October 1993
• Dalaruya v. Oliva G.R. No. 210148, 8
December 2014
d. Judgment for Two or More Offenses
e. Judgment in case of Variance Between
Allegation and Proof
• Sevilla v. People, G.R. No. 194390,
13 August 2014
• People v. Caoile G.R. No. 203041, 5
June 2013
f. When Offense includes or is included in
another
• Malabanan v. Sandiganbayan G.R.
No. 186584-86 & 198598, 2 August
2017
• People v. Noque, G.R. No. 175319,
15 January 2010
g. Promulgation of judgment; instances of
promulgation of judgment / in absentia
• Estrada v. People, G.R. No. 162371,
25 August 2005
• Villena v. People, G.R. No. 184091,
31 January 2011
• Daan v. Sandiganbayan, G.R. Nos.
163972-77, 28 March 2008
• In Re: Complaint dated January 28,
2015 of Catherine Damayo A.M. No.
CA-15-53-J, 14 July 2015

18
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Almuete v. People G.R. No. 179611,
12 March 2013
h. Modification of Judgment
• Villareal v. People, G.R. No. 151258,
1 December 2014
• Probation – Republic Act No. 10707
• Hernan v. Sandiganbayan G.R. No.
217874, 5 December 2017
• Dimakuta v. People, G.R. No.
206513, 20 October 2015
i. Instances when judgment becomes
final; exceptions
• Sps Tumbokon v. Legaspi G.R. No.
153736, 4 August 2010
• Bigler v. People, G.R. No. 210972, 2
March 2016
• Rule on DNA Evidence, A.M. No.
06-11-05-SC
Escobar v. People G.R. No. 205576, 20
November 2017
j. A.M. No. 20-06-14-SC Guidelines in
the Imposition of Community Service as
Penalty in Lieu of Imprisonment

Module 15

I. NEW TRIAL OR
RECONSIDERATION
a. Grounds for new trial
• Senit v. People, G.R. No. 192914, 11
January 2016
• People v. Bongalon, G.R. No.
125025, 23 January 2002
• Escobar v. People G.R. No. 205576,
20 November 2017
• Abubakar v. People G.R. No. 202408
& 202409, 27 June 2018
b. Grounds for reconsideration
c. Requisites before a new trial may be
granted on ground of newly discovered
evidence
d. Effects of granting a new trial or
reconsideration

19
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
Manantan v. CA G.R. No. 107125, 29
January 2001

II. APPEAL
A.M. No. 13-07-05-SB - 2018 Revised
Internal Rules of the Sandiganbayan
a. Effect of an appeal
b. Where to appeal/Period to appeal
• Yu v. Samson-Tatad, G.R. No.
170979, 9 February 2011
c. How appeal taken/ who may appeal
• Chua v. People of the Philippines
G.R. No. 195248, 22 November 2017
• Antone v. People G.R. No. 225146,
20 November 2017
• Personal Collection Direct Selling Inc
v. Carandang G.R. No. 206958, 8
November 2017
• Batistis v. People G.R. No. 181571,
16 December 2019
• Bejaresco v. People G.R. No.
159781, 2 February 2011
• Cedeno v. People G.R. No. 193020 &
193040-193042, 8 November 2017
• Cu v. Small Business Guarantee and
Finance Corporation G.R. No.
211222, 7 August 2017
• People v. Mateo, G.R. Nos. 147678-
87, 7 July 2004
d. Effect of appeal by any of several
accused
• People v. Libre G.R. No. 235980, 20
August 2018
e. Grounds for dismissal of appeal
• Usares v. People G.R. No. 209047, 7
January 2019

Module 16

I. SEARCH AND SEIZURE

a. Nature of search warrant

b. Distinguish from warrant of arrest
c. Application for search warrant, where
filed

20
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
• Re: Report on the Preliminary Results
of Spot Audit in the RTC Branch 170
A.M. No. 16-05-142-RTC, 5
September 2017
• Laud v. People, G.R. No. 199032, 19
November 2014
d. Requisites for issuing search warrant;
Probable cause for issuance of search
warrant; Personal examination by judge of
the applicant and witnesses
• Dimal and Castillo v. People G.R.
No. 216922, 18 April 2018
• People v. Pastrana & Abad G.R. No.
196045, 21 February 2018
• Sy Tan v. Sy Tiong Gue, G.R. No.
174570, 15 December 2010
e. Particularity of place to be searched and
things to be seized
• People v. Court of Appeals, G.R. No.
126379, 26 June 1998
• People v. Estrada, G.R. No. 124461,
25 September 1998
f. Personal property to be seized
• People v. Salanguit, G.R. Nos.
133254-55, 19 April 2001
• Nogales v. People, G.R. No. 191080,
21 November 2011
• Philippine Drug Enforcement Agency
v. Brodett, G.R. No. 196390, 28
September 2011
g. Implementation of Search Warrant
• Dabon v. People G.R. No. 208775, 22
January 2018
• Bulauitan y Mauayan v. People, G.R.
No. 218891, September 19, 2016
• People v. Huang Zhen Hua, G.R. No.
139301, 29 September 2004
• Quashal of Search Warrant
• WHO v. Aquino, G.R. No. L-35131,
29 November 1972
• Worldwide Web Corp. v. People,
G.R. No. 161106, 161266, 13 January
2014
• Ogayon v. People, G.R. No. 188794,
2 September 2015
h. Exceptions to search warrant

21
 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
requirement
i. Search incidental to lawful arrest
• Vaporoso v. People, G.R. No.
238659, June 3, 2019
• Sanchez v. People, G.R. No.
204589, 19 November 2014
ii. Consented search
• People v. Cogaed, G.R. No. 200334,
30 July 2014
iii. Search of moving vehicle
• People v. Comprado y Bronola G.R.
No. 213225, 4 April 2018
• Saluday v. People, G.R. No.
215305, 3 April 2018
• People v. Lo Ho Wing, G.R. No.
88017, 21 January 1991
• Caballes v. Court of Appeals, G.R.
No. 136292, 15 January 2002
iv. Check points; body checks in airport
• People v. Manago y Acut, G.R. No.
212340, August 17, 2016
• Caballes v. Court of Appeals, G.R.
No. 136292, 15 January 2002
v. Plain view situation
• People v. Acosta, G.R. No. 238865,
January 28, 2019
vi. Stop and frisk situation
• Comerciante y Gonzales v. People,
G.R. No. 205926, July 22, 2015
• Esquillo v. People, G.R. No.
182010, 25 August 2010
vii. Enforcement of custom laws
i. Remedies from unlawful search and
seizure
j. Cybercrime warrants
i. Scope and applicability
ii. General provisions
iii. Preservation of computer data
iv. Disclosure of computer data
v. Interception of computer data
vi. Search, seizure, and examination of
computer data
vii. Custody of computer data
viii. Destruction of computer data

II. PROVISIONAL REMEDIES IN

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 LEARNING
METHODS
LEARNING
WEEK/ DATE (activities
RESOURCES
(Schedule of designed or
TOPIC/CONTENT (print and non-
each Topic, deployed by the
(arrangement or sequence of the major print materials
Assign, Exam for teacher to
topics is based on a logical order) and online/
the entire bring about, or
open-access
semester) create the
resources)
conditions for
learning)
CRIMINAL CASES

Final Examinations

POLICIES:
Policies and values that the teacher might want to communicate through the
syllabus concerning attendance, participation, academic integrity (e.g. plagiarism,
cheating, fabrication), missing assignments, missed exams, recording classroom
activities, online behavior during synchronous sessions, etc.

1. Attendance will be checked every meeting.

2. Students who are called to recite but absent shall get a grade of 60.
3. Students who missed a quiz will get a grade of 60.
4. Students are prohibited from recording the online class as this is a violation of the
Copyright of the Professor.

Prepared by:

[•]

Approved by:

Signature
Atty. Marciano G. Delson
Dean, College of Law

Date Prepared by the Faculty: 15 August 2021

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