CRIMINAL PROCEDURE - It is the method prescribed by law for the

apprehension and prosecution of persons accused of any criminal

offense and for their punishment, in case of conviction.

It is concerned with the procedural steps through which a criminal

case passes, commencing with the initial investigation of a crime
and concluding with the release of the offender.

CRIMINAL JURISDICTION - It is the authority to hear and try a

particular offense and impose the punishment for it
(People v. Marinao, 71 SCRA 600, 604).

REQUISITES FOR VALID EXERCISE OF CRIMINAL JURISDICTION:

1. Jurisdiction over the subject matter – is the power to hear

   and determine cases of the general class to which the

   proceedings in question belong (Reyes v. Diaz, 73 Phil 484);
   by virtue of the imposable penalty or its nature, is one which

   the court is by law authorized to take cognizance of;

   conferred by law.

2. Jurisdiction over the territory where the offense was

   committed – the offense must have been committed within the
   territorial jurisdiction of the court; jurisdiction over the
   territory; cannot be waived

3. Jurisdiction over the person of the accused - the person

   charged with the offense must have been brought to its
   presence for trial, forcibly by warrant of arrest or upon his
   voluntary submission to the court.

The question of jurisdiction may be raised at any stage of the

proceedings. The exception to this rule is when there is estoppel
and laches on the party who raised the question of jurisdiction.

JURISDICTION OVER THE SUBJECT MATTER vs JURISDICTION OVER THE

PERSON OF THE ACCUSED
1. Jurisdiction Over The Subject Matter - Conferred by law. It
   cannot be acquired by he consent of the accused.
 
   Jurisdiction Over The Person Of The Accused - May be acquired
   by consent of the accused or by waiver of objections.

2. Jurisdiction Over The Subject Matter - Objection that the court

   has no jurisdiction over  the subject matter may  be made at
   any stage of the proceeding and the right to make such
   objection is never waived.

   Jurisdiction Over The Person Of The Accused - If the accused

   fails to make his objection in time, he will be deemed to
   have waived it.

Jurisdiction

What determines jurisdiction

   - Jurisdiction is determined by the extent of the penalty
     which the law imposes, on the basis of the facts as recited

     in the complaint or information constitutive of the offense

     charged.

Jurisdiction is not determined by:

   - what may be meted out to the offender after trial
   - the result of the evidence that would be presented during
     the trial.

Jurisdiction is retained regardless of:

   - whether the evidence proves a lesser offense than that
     charged in the information,
   - the subsequent happening of events, although of a character
     which would have prevented jurisdiction from attaching in
     the first instance.

GENERAL RULE:
   - Jurisdiction of a court to try criminal action is to be
     determined by the law at the time of the institution of
     the action.

     EXCEPTION:
        - Where the statute expressly provides, or is construed
          that it is intended to operate to actions pending
          before its enactment, in which case, the court where
          the criminal action is pending is ousted of jurisdiction

          and the pending action will have to be transferred to

          the other tribunal which will continue the proceeding.
ONCE VESTED, JURISDICTION CANNOT BE WITHDRAWN BY:
1. Subsequent valid amendment of the Information; or
2. Subsequent statutory amendment of the rules of jurisdiction,
   unless the amendatory law provides otherwise.

Venue is jurisdictional
   - Thus: Action must be instituted and tried in the municipality
     or territory where the offense has been committed or where
     any one of the essential ingredients thereof took place.

GENERAL RULE:
   - The question of jurisdiction may be raised at any stage of
     the proceedings.

     EXCEPTION:
        - It may not be raised for the first time on appeal,
          where there has been estoppel and laches on the party
          who raises the question.

Criminal jurisdiction of MTCs

GENERAL RULE:
   - MTC has jurisdiction over all offenses, the maximum
     penalty of which as provided by law does not exceed
     6 years (prision correccional).

     EXCEPTION:
        - In cases where the only penalty provided by law is a
          fine, the amount whereof shall determine the
          jurisdiction of the court:
             - MetroTC, MTC, and MCTC: if fine is not more
               than 4000 pesos.

             - RTC: if fine exceeds 4000 pesos, including offenses

               committed by public officers and employees in
               relation to their office, where the amount of the
               fine does not exceed 6000 pesos. (SC Court
               Circular No. 09-94).

Accessory penalties and civil liabilities: no longer

determinative of jurisdiction.

No jurisdiction: over those cases which by provision of special

law are made triable by the RTC or the Sandiganbayan even if
the maximum penalty prescribed by such special law is less than
6 years. Included in such exceptions are election offenses, libel
or written defamation, and violation of Sec. 39 of the Dangerous
Drugs Act of 1972 (RA 6425).

Criminal Jurisdiction of the Sandiganbayan

Offenses or felonies, whether simple or complexed with other

crimes committed by the public officials and their employees
mentioned in Subsection (a) of this section in relation to
their office.

If the last element, namely, “in relation to his office” is

absent or is not alleged in the information, the crime committed
falls within the exclusive original jurisdiction of ordinary
courts and not the SB.

The offense is committed in relation to the office if the offense

is intimately connected with the office of the offender and
perpetuated while he was in the performance of his official
functions, or when the crime cannot exist without the office,
or the office is a constituent element of the crime as defined
in the statute.

Election Offenses
   - Fall outside the jurisdiction of SB even if they are
     committed by public officers classified as Grade 27
     and higher and in relation to their offices. It is the
     RTC that has jurisdiction as provided for in the
     Omnibus Election Code.

Court Martial Cases

   - Offenses committed by members of the Armed Forces and other
     persons subject to military law are cognizable by court
     martial if such offenses are “service connected” as
     expressly enumerated in RA 7055.

If the particular offense is not one of those enumerated in the

law, the case falls under either the regular courts or the SB,
as the case may be.

Jurisdiction of Family Courts

   - Republic Act No. 8369 establishing the Family Court granting
     them exclusive original jurisdiction over child and family
     cases, namely: Criminal cases where one or more of the
     accused is below 18 years of age but not less than 9 years
     of age or where one or more of the victim is a minor at
     the time of the commission of the offense, provided that
     if the minor is found guilty, the court shall promulgate
     sentence and ascertain any civil liability which the
     accused may have incurred. The sentence shall be suspended
     without need of an application pursuant to the “Child and
     Youth Welfare Code or P.D. 603).

Jurisdiction over Complex Crimes

   - Jurisdiction is lodged with the trial court having
     jurisdiction to impose the maximum and most serious
     penalty imposable of an offense forming part of the
     complex crime.

Jurisdiction over Crimes Punishable by Destierro

   - Where the imposable penalty is destierro, the case falls
     within the exclusive jurisdiction of the Municipal Trial
     Court, considering that in the hierarchy of penalties
     under Article 71 of the Revised Penal Code, destierro
     follows arresto mayor which involves imprisonment
     (People v. Eduarte, 182 SCRA).

Principle of Adherence of Jurisdiction

   - Once jurisdiction is vested in the court, it is retained
     up to the end of litigation (Dela Cruz v. Moya, 160 SCRA 838)

Affidavit of Desistance - the complainant states that he did not really intend to institute the case and
that he is no longer interested in testifying or prosecuting.

Appeal - A proceeding for review by which the whole case is transferred on the higher court.

Appellant - The party appealing

Appellee - The party adverse to the appellant.

Arraignment - It means for bringing the accused into court and informing him of the nature and
cause of the accusation against him.

Arrest - taking a person into custody in order that he may be bound to answer for the commission of
some offense, made by an actual restraint of the person or by his submission to custody.

Attachment - It is a remedy afforded to the offended party to have the property of the accused
attached as security for the satisfaction of any judgment that may be recovered from the accused.

Bail - security given for the release of a person in custody of law, furnished by him or a bondsman,
conditioned upon his appearance before any court as required.

Bail Bond - an obligation under seal given by accused with one or more sureties and made payable
to proper officer with the condition to be void upon performance by the accused of such acts as he
may
legally be required to perform.

Brief - It literally means a short or condensed statement. The purpose of the brief is to present to the
court in concise form the points and questions in controversy, and by fair argument on the facts and
law of the case, to assist the court in arriving at a just and proper conclusion.

Capital Offense - It is an offense which, under the law existing at the time of its commission and of
the application for admission to bail may be punished with death.

Certiorari - is used to correct only errors of jurisdiction and not errors of judgment of an inferior
court.

Confrontation - It is the act of setting a witness face to face with the accused so that the latter may
make any objection he has to the witness, and the witness may identify the accused, and this must
take place in the presence of the court having jurisdiction to permit the privilege of cross
examination.

Counsel De Officio - He is counsel appointed by the court to represent and defend the accused in
case he cannot afford to employ one himself.

Complaint -  sworn written statement charging a person with an offense, subscribed by the offended
party, any peace officer or other public official charged with the enforcement of the law violated.

Continuous Trial System - Trial once commenced shall continue from day to day as far as
practicable until terminated; but it may be postponed for a reasonable period of time for good cause.

Criminal Action - It is an action by which the State prosecutes a person for an act or omission
punishable by law.

Criminal Jurisdiction - It is the authority to hear and try a particular offense and impose the
punishment for it.

Criminal Procedure -  It is the method prescribed by law for the apprehension and prosecution of
persons accused of any criminal offense and for their punishment, in case of conviction.

Custodial Investigation - Involves any questioning initiated by law enforcement officers after a
person has been taken into custody or otherwise deprived of his freedom of action in any significant
way.

Demurrer To Evidence - It is an objection by one of the parties in an action, to the effect that the
evidence which his adversary produced is insufficient in point of law, whether true or not, to make
out a case or sustain the issue.

Deposition  - It is the testimony of a witness taken upon oral questions or written interrogatories, in
open court, but in pursuance of a commission to take testimony issued by a court, or under a general
law or court rule on the subject, and reduced to writing and duly authenticated, and intended to be
used in preparation and upon the trial of a civil or criminal prosecution.
Duplicity of the Offense - A complaint or information must charge only one offense, except when
the law prescribes a single punishment for various offenses.

Error of Judgment - One which the court may commit in the exercise of its jurisdiction.

Equipose Rule - where the evidence of the parties in a criminal case are evenly balanced, the
constitutional presumption of innocence should tilt in favor of the accused who must be acquitted.

General Warrant - It is a process which authorizes the search and seizure of things, in a general
manner. It does not specify or describe with particularity the things to be searched and seized. This
kind of warrant is VOID as it infringes on the constitutional mandate requiring particular description
of the things to be seized.

Habeas Corpus - is available when a person is imprisoned beyond the maximum penalty imposed by
law.

Hearing - It is not confined to trial but embraces the several stages of litigation, including the pre-
trial stage.

Improvident Plea - It is a plea without information as to all the circumstances affecting it; based
upon a mistaken assumption or misleading information or advice.

Information - accusation in writing charging a person with an offense, subscribed by the fiscal and
filed with the court.

Judgment - adjudication by the court that the accused is guilty or not guilty of the offense charged,
and the imposition of the proper penalty and civil liability provided by law on the accused.

Mittimus - It is a process issued by the court after conviction to carry out the final judgment.

Motion To Quash - a hypothetical admission that even if all the facts alleged were true, the accused
still cannot be convicted due to other reasons.
New Trial - The rehearing of a case already decided but before the judgment of conviction therein
rendered has become final, whereby errors of law or irregularities are expunged from the record or
new evidence is introduced or both steps are taken.

Nolle Prosequi - is a dismissal of the criminal case by the government before the accused is placed
on trial and before he is called to plead, with the approval of the court in the exercise of its judicial
discretion.

Oath - Includes any form of attestation by which a party signifies that he is bound in conscience to
perform an act faithfully and truthfully.

Parole - the conditional release of an offender from a penal or correctional institution after he has
served the minimum period of his prison sentence under the continued custody of the state and under
conditions that permit his reincarceration if he violated the conditions of his release.

Plea Bargaining - process whereby the accused and the prosecution in a criminal case work out a
mutually satisfactory disposition of the case subject to court approval. It usually involves the
defendant's pleading guilty to a lesser offense or to only some of the counts of a multi-count
indictment in return for a lighter sentence than that for the greater charge.

Prejudicial Question - It is one which arises in a case, the resolution of which is a logical antecedent
of the issue involved therein and the cognizance of which pertains to another tribunal.

Preliminary Investigation - inquiry or proceeding to determine if there is sufficient ground to

engender a well-founded belief that a crime cognizable by the RTC has been committed, and that the
respondent is probably guilty thereof, and should be held for trial.

Pre-Trial Order - It is an order issued by the court reciting the actions taken, the facts stipulated and
the evidence marked during the pre-trial conference. Such order binds the parties and limits the trial
to those matters not disposed of.
Probable Cause - such facts and circumstances which would lead a reasonably prudent man to
believe that a crime has been committed and the thing to be searched for and seized is in the place to
be searched.
- Such reasons, supported by facts and circumstances, as will warrant a cautious man in the belief
that his action, and the means taken in prosecuting it, are legally just and proper

Probable Cause For A Search - It is defined as such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been committed and that the
objects sought in connection with the offense are in the place sought to be searched.

Probable Cause In General - Such facts and circumstances antecedent to the issuance of the
warrant, that are in themselves sufficient to induce a cautious man to believe that the person against
whom the search warrant is applied had committed or is about to commit a crime.

Probation - disposition under which a defendant after conviction and sentences, is released subject
to conditions imposed by the court and to the supervision of a probation officer.

Property Bond - It is an undertaking constituted as a lien on the real property given as security for
the amount of the bail.

Provisional Remedy - It is one provided for present need or one that is adopted to meet a particular
exigency.

Reasonable Doubt - state of the case which, after full consideration of all the evidence, leaves the
mind of the judge in such a condition that he cannot say that he feels an abiding conviction, to a
moral certainty, of the truth of the charge.

Recantation - A Witness who previously gave a testimony subsequently declares that his statements
were not true.

Recognizance - Obligation of record entered into before some court of magistrate duly authorized to
take it, with the condition to do some particular act, the most usual condition in criminal cases being
the appearance of the accused for trial.

Reduced Bail - A person in custody for a period to or more than the minimum of the principal
penalty prescribed for the offense charged, without application of the Indeterminate Sentence Law or
any modifying circumstance, shall be released on a reduced bail or on his own recognizance at the
discretion of the court.

Reverse Trial - When the accused admits the act or omission charged in the complaint/information
but interposes a lawful defense, the trial court may allow the accused to present his defense first and
thereafter give the prosecution the opportunity to present his rebuttal evidence.

Scatter Shot Warrant - It is a warrant that is issued for more than one offense. It is void, since the
law requires that a warrant should only be issued in connection with one specific offense.

Search - It is an examination of a man’s house, buildings or other premises, or of his person, with a view
to the discovery of some evidence of guilt to be used in the prosecution of a criminal action for some
offense with which he is charged.

Searching Questions and Answers - Such questions as have the tendency to show the commission of a
crime and perpetrator thereof.

Search Warrant - an order in writing issued in the name of the People of the Philippines, signed by a
judge and directed to a peace officer, commanding him to search for personal property described
therein and bring it before the court.

Seizure -  It is the physical taking of a thing into custody; contemplates a forcible disposition of the
owner.

State Witness - One of two or more persons jointly charged with the commission of a crime but who is
discharged with his consent as such accused so that he may be a witness for the state.

Stop and Frisk - A limited protective search of outer clothing for weapon.

Transactional Immunity - witness can no longer be prosecuted for any offense whatsoever arising out of
the act or transaction.

Trial - It is the examination before a competent tribunal according to the laws of the land, of the facts
put in issue in a case for the purpose of determining such issue.

Trial in Absentia - accused in case of his non-appearance After Arraignment despite due notice simply
means that he thereby waives his right to meet the witnesses face to face, among others.

Use and Derivative Use Immunity - witness is only assured that his or her particular testimony and
evidence derived from it will not be used against him or her in a subsequent prosecution.
Top of Form
Bottom of Form
RULE 110 PROSECUTION OF OFFENSES

Section 1. Institution of Criminal Actions

CRIMINAL ACTION
   - It is an action by which the State prosecutes a person
     for an act or omission punishable by law.

For offenses which require preliminary investigation: By filing

the complaint with the proper officer for preliminary investigation.

   - Refers to a complaint-affidavit, and is different from the

     complaint defined in Section 3 of Rule 110.
   - Preliminary investigation is required for offenses where
     the penalty prescribed by law is at least 4 years, 2 months
     and 1 day of imprisonment without regard to the fine (Rule
     112, Sec. 1, Par. 2).

For all other offenses, or for offenses which are penalized by

law with lower than at least 4 years, 2 months and 1 day without

regard to the fine:Instituted directly with the MTC and MCTC,

or the complaint is filed with the Office of the Prosecutor.

In Manila and other chartered cities, the complaint shall be

filed with the Office of the Prosecutor unless otherwise
provided in their charters.

NOTE: A complaint for offenses cognizable by the RTC is NOT

filed directly with the RTC either for purposes of preliminary
investigation or for commencement of the criminal prosecution.

DOES NOT APPLY: To offenses subject to summary procedure.

Effect of institution of the Criminal Action: The institution

of the criminal action interrupts the running of the period of
prescription of the offense charged.

      UNLESS: otherwise provided in special laws.

Act No. 3323 governs the prescriptive periods of violations of

special laws, or offenses other than those penalized under the
Revised Penal Code.

NOTE: With respect to offenses penalized by special laws, the

filing of the complaint or information in court is the one that
interrupts the prescriptive period and not the filing of the
complaint in the proper office for purposes of conducting a
preliminary investigation (Zaldivar v. Reyes, 211 SCRA 277).

The filing of a complaint for purposes of preliminary

investigation starts the prosecution process.

REQUISITES OF A COMPLAINT OR INFORMATION

1. in writing
2. in the name of the People of the Philippines
3. Against all persons who appear to be responsible for the
   offense involved.

Who is the real offended party?

   - The People of the Philippines, but since the crime is also
     an outrage against the offended party, he is entitled to
     intervene in its prosecution in cases where the civil action
     is impliedly instituted therein.

Section 2. The Complaint or information. — The complaint or information shall be in writing, in the
name of the People of the Philippines and against all persons who appear to be responsible for the
offense involved.
FORM:
In writing;
In the name of the People of the Philippines; and
Against all persons who appear to be responsible for the offense involved.

Distinguish a Complaint from Information.

In criminal procedure, a complaint is a sworn written statement charging a person with an offense,
subscribed by the offended party, any peace officer or other peace officer charged with the enforcement
of the law violated. (Sec. 3, Rule 110, 1985 Rules of Criminal Procedure); while an information is an
accusation in writing charging a person with an offense subscribed by the prosecutor and filed with the
court. (Sec. 4, Id.)

Complaint Defined
Section 3. Complaint defined. — A complaint is a sworn written statement charging a person with an
offense, subscribed by the offended party, any peace officer, or other public officer charged with the
enforcement of the law violated.

COMPLAINT
It is a sworn written statement charging a person with an offense, subscribed by the offended party, any
peace officer, or other public officer charged with the enforcement of the law violated.
The complaint as defined under Section 3 is different from the complaint filed with the Prosecutor’s
Office. It refers to the one filed in court for the commencement of a criminal prosecution for violation of
a crime usually cognizable by municipal trial courts as well as to a complaint filed by an offended party in
private crimes or those which cannot be prosecuted de officio.

REQUISITES OF A COMPLAINT:
1. It must be in writing and under oath;
2. It must be in the name of the People of the Philippines;
3. It must charge a person with an offense; and
4. It must be subscribed by the offended party, by any peace officer or public officer charged with the
enforcement of the law violated.

The COMPLAINT FILED WITH THE PROSECUTOR’S OFFICE, from which

The latter may initiate a preliminary investigation, refers to:
1. any written complaint
2. filed by an offended party or not
3. not necessarily under oath, except in 2 instances:

(1) complaint for commission of an offense which cannot be prosecuted de officio or is private in nature.
(2) where the law requires that it is to be started by a complaint sworn to by the offended party, or
when it pertains to those which need to be enforced by specified public officers.

Under the Rule on Summary Procedure:

A complaint may be directly filed in the MTC, provided that in Metro Manila and in chartered cities, the
criminal action may only be commenced by the filing of information, which means, only by the
prosecutor, except when the offense cannot be prosecuted de officio as in private crimes.

PERSONS WHO CAN FILE A COMPLAINT:

1. Offended party;
2. Any peace officer;
3. Other public officer charged with enforcement of the law violated.

What is an Information?

Section 4.

INFORMATION
It is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed
with the court.

REQUISITES OF AN INFORMATION:
1. It must be in writing;
2. It must charge a person with an offense;
3. It must be subscribed by the prosecutor; and
4. It must be filed in court.

PERSONS AUTHORIZED TO FILE AN INFORMATION

1. City or provincial prosecutor and their assistants
2. Duly appointed special prosecutors.

Information and Complaint distinguished

Complaint – Subscribed by the offended party, any peace officer, or other officer charged with the
enforcement of the law violated.

Information – Subscribed by the Prosecutor, It does not have to be subscribed by the offended party or
any peace officer, or other peace officer charged with the enforcement of the law.

Complaint – Filed either in the MTC or with the provincial/city prosecutor’s office.

Information – Filed in court.

NOTE: PROSECUTION IN THE RTC IS ALWAYS COMMENCED BY INFORMATION, EXCEPT:

In certain crimes against chastity (concubinage, adultery, seduction, abduction, acts of lasciviousness);
and

Defamations imputing any of the aforesaid offenses wherein a sworn written complaint is required in
accordance with Section 5 of this Rule.

In case of variance between the complaint filed by the offended party and the information in crimes
against chastity, the complaint controls (People v.Oso, 62 Phil 271).