1.

Criminal Procedure is “a generic term to describe the network of laws and rules
governs the procedural administration of justice”. As such, it treats of the rules and
processes by which criminal laws are enforced and by which the State prosecutes
persons who violate such laws.

2. What are the constitutional rights of the accused, as provided under the 1987
Constitution?
Art. III, Bill of Rights, of the 1987 Constitution provides for the following rights:
1. Section 16. All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies.
2. Section 14. (1) No person shall be held to answer for a criminal offense without
due process of law.
3. Section 13. All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable
by sufficient sureties, or be released on recognizance as may be provided by law.
The right to bail shall not be impaired even when the privilege of the writ of habeas
corpus is suspended.
Excessive bail shall not be required.
4. (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.
5. Section 17. No person shall be compelled to be a witness against himself.
6. Section 12. (1) Any person under investigation for the commission of an offense
shall have the right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice.
If the person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against him. Secret detention places, solitary, incommunicado,
or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof
shall be inadmissible in evidence against him.
 7. Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted.
8. Section 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for the same act.
9. Section 11. Free access to the courts and quasi-judicial bodies and adequate
legal assistance shall not be denied to any person by reason of poverty.

12. What are the Statutory rights of an accused as provided for under Sec. 1, Rule
115 of Revised Rules on Criminal Procedure? (10 points)
RULE 115 - RIGHTS OF ACCUSED

Section 1. Rights of accused at trial. – In all criminal prosecutions, the accused shall be
entitled to the following rights:
(a) To be presumed innocent until the contrary is proved beyond reasonable doubt.

(b) To be informed of the nature and cause of the accusation against him.

(c) To be present and defend in person and by counsel at every stage of the proceedings,
from arraignment to promulgation of the judgment. The accused may, however, waive his
presence at the trial pursuant to the stipulations set forth in his bail, unless his presence
is specifically ordered by the court for purposes of identification. The absence of the
accused without justifiable cause at the trial of which he had notice shall be considered a
waiver of his right to be present thereat. When an accused under custody escapes, he
shall be deemed to have waived his right to be present on all subsequent trial dates until
custody over him is regained. Upon motion, the accused may be allowed to defend
himself in person when it sufficiently appears to the court that he can properly protect his
rights without the assistance of counsel.

(d) To testify as a witness in his own behalf but subject to cross-examination on matters
covered by direct examination. His silence shall not in any manner prejudice him.

(e) To be exempt from being compelled to be a witness against himself.

(f) To confront and cross-examine the witnesses against him at the trial. Either party may
utilize as part of its evidence the testimony of a witness who is deceased, out of or can
not with due diligence be found in the Philippines, unavailable, or otherwise unable to
testify, given in another case or proceeding, judicial or administrative, involving the same
parties and subject matter, the adverse party having the opportunity to cross-examine
him.

(g) To have compulsory process issued to secure the attendance of witnesses and
production of other evidence in his behalf.

(h) To have speedy, impartial and public trial.

(i) To appeal in all cases allowed and in the manner prescribed by law.

JURISDICTION IN CRIMINAL CASES

I. SUPREME COURT
A. Original
1. Petitions for certiorari, prohibition and mandamus against the Court
of Appeals and Sandiganbayan.
2. Concurrent
a. With the Court of Appeals: Petitions for certiorari, prohibition
and mandamus against the Regional Trial Courts.
b. With the Court of Appeals and Regional Trial Courts: Petitions
for certiorari, prohibition and mandamus against the lower
courts.
c. With the Sandiganbayan: Petitions for mandamus, prohibition,
certiorari, habaes corpus, injuctions and ancillary writs in aid of
its appellate jurisdiction and over petitions of similar nature,
including quo warranto arising or that may arise in cases filed or
which may under E.O Nos. 1,2, 14 and 14-A.
B. Exclusive Appellate
1. By appeal:
a. From the Regional Trial Courts in all criminal cases involving
offenses for which the penalty is reclusion perpetua or life
imprisonment, and those involving other offenses which,
although not so punished, arose but out of the same occurrence
or which may have been committed by the accused on the
same occasion.
b. Automatic review in criminal cases where the death penalty is
imposed.
2. By petition for review on certoriari:
a. From the court of Appeals;
b. From the Sandiganbayan; and
 d. From the Regional Trial Courts where only an error or question
of law is involved.
II. COURT OF APPEALS
A. Original
1. Exclusive
a. Actions for annulment of the judgments of the Regional Trial
Courts.
2. Concurrent
a. With the Supreme Court (See Par. 2, subpar. A. on the original
jurisdiction of the Supreme Court).
b. With the Supreme Court and the Regional Trial Courts: (See Par.2,
subpar. b., loc.cit.).
B. Exclusive Appellate
1. By appeal:
a. From the Regional Trial Courts in cases commenced therein,
except those appealable to the Supreme Court or the
Sandiganbayan.
2. By petition review:
a. From the Regional Trial Courts in cases appealed thereto from the
lower courts and not appealable to the Sandiganbayan.

III. SANDIGANBAYAN
A. Original
1. Exclusive
a. Violations of R.A. 3019, as amended (Anti-Graft and Corrupt
Practices Act), R.A.1379, Chapter II, Title VII, Book II of the revised
penal code, where one or more of the accused are officials
occupying the following positions in the Government, whether in a
permanent, acting or interim capacity, at the time of the commission
of the offense:
(1) Officials of the executive branch occupying the positions of
regional director and higher, otherwise classified as Grade “27’
and higher in R.A. 6758 (Compensation and Position
Classification Act of 1989), specifically including:
(a) Provincial governors, vice governors, members of the
sangguniang panlalawigan, and the provincial treasurers,
assessors, engineers and other provincial department head;
(b) City mayors, vice-mayors, members of the Sangguniang
panlungsod, city treasurers, assessors, engineers and other
provincial department head;
(c) Officials of the diplomatic service occupying the position of
consul and higher;
 (d) Philippine army and the air force colonels, naval captains, and
all officers of higher rank;
(e) Officer of the Philippine National Police while occupying the
position of provincial director and those holding the rank of
senior superintendent or higher;
(f) City and provincial prosecutors and their assistants, and
offucials and prosecutors in the office of the Ombudsman and
Special Prosecutor;
(g) Presidents, directors of trustees, or managers of government-
owned or contolled corporations, state universities or
educational institutions or foundations;
(2) Members of Congress and Officials thereof classified as Grade
“27’ and up under the compensation and Position Classification
Act 1989;
(3) Members of the Judiciary without prejudice to the provisions of
the Constitution;
(4) Chairmen and member of the Constitutional Commissions,
without without prejudice to the provisions of the Constitution;
and
(5) All other national and local officials classified as Grade “27’ and
higher under the compensation and Position Classification Act
of 1898.

(b) Other offenses or felonies whether simple or complexed with

other crimes committed in relation to their office by the public
officials and employees mentioned in Section 4(a) , P.D. 1606,
as amended by R.A. 7975.
( c) Civil and Criminal cases filed pursuant to and in connection
with E.O. Nos. 1, 2, 14 and 14-A, issued in 1986.

2. Concurrent
a. With the Supreme Court (See Par. 2, subpar. A. on the original
jurisdiction of the Supreme Court).

B. Exclusive Appellate
1. By appeal:
From the Regional Trial Courts in cases under P.D. 1606, as
amended by P.D. 1861, R.A.7975 and R.A. 8294, whether or not the
cases where decided by them in the exercise of their original appellate
jurisdictions.

IV. REGIONAL TRIAL COURTS

 A. Exclusive Original
1. All criminal cases which are not within the exclusive jurisdiction of any
court, tribunal or body.

B. Exclusive Appellate
1. All cases decided by lower courts in their respective territorial
jurisdictions.

V. FAMILY COURTS

A. Exclusive Original
1. Criminal cases where one or more of the accused is below 18 but
not less than 15 years of age, or where one of the victims is a
minor at the time of the commissions of the offense;
2. Cases against minor, cognizable under the Comprehensive
Dangerous Drugs Act, as amended;
3. Violations of R.A. 7610 (Special Protection of Children Against
Child Abuse, Exploitation and Dicrimination Act ), as amended by
R.A. 8369

VI. METROPOLITAN, MUNICIPAL, AND MUNICIPAL CIRCUIT TRIAL

COURTS

A. Exclusive Original
1. All violations of city or municipal ordinannces committed within their
respective territorial jurisdictions;

2. All offenses punishable with imprisonment of or not more than 6 years

irrespective of the amount of fine, and in all cases of damage to
property through criminal negligence, regardless of other penalties and
the civil liabilities arising therefrom; and

3. All offenses (except violations R.A. 3019, R.A. 1379 and Arts. 210 to
212, Revised Penal Code) committed by the public officers and
employees in relation to their office, including those employed in
government-owned or controlled corporations, and by private
individuals charged as co-principals, accomplices and accessories,
punishable with imprisonment of not or more than 6 years or where
none of the accused holds a position classified as Grade “27’ and
higher.

B. Summary Procedure
1. Traffic violations;
2. Violations of the rental law;
3. Violations of city or municipal ordinances;
4. Violations of B.P. Blg. 22 (Bouncing Checks Law) ; and
5. All other offenses where the penalty does not exceed 6 monts
imprisonment and/ or 1,000 fine, irrespective of other penalties or civil
liabilities arising therefrom, and in offenses involving damage to
property through criminal negligence where the imposable fine does
not exceed 10,000.