Professional Documents
Culture Documents
The crime shall be prosecuted in the place where it was committed or where any of the essential elements of the
crime took place
This is so because proper venue is an essential requisite of jurisdiction in criminal cases, so that the accused will
not be compelled to appear in a different court from that where the crime was committed as it would cause him
great inconvenience in looking for his witnesses and evidence
Venue is determined by the allegations in the complaint/information and it cannot be waived, unlike in the civil
cases
Exceptions
1. When it is ordered by the SC pursuant to its mandate to avoid the miscarriage of justice
2. When a law provides for a different venue for prosecution
a. Acts of terrorism under human security act
b. Under art. 2 of RPC
3. Offenses commited in public/private transport while in the course of the trip
a. File in the municipality
BP 22 Case
The civil action for recovery of amount of bounced check is deemed included in the criminal case. The offended
party cannot reserve it
If the civil action is filed ahead and separately from BP 22 case but the trial there has not yet commenced, it may
be consolidated with the criminal action upon motion
There is already a final determination for the case after the judgment. Before arraignment, offended party can
claim but it would be difficult to prove that there is indeed a liability on the part of the accused.
Effect of death of the offender during the pendency of an independent civil action
The same may be continued against the estate or legal representatives after the proper substitution of parties
Illustrative case:
As the police was still investigating the vehicular accident, DICK filed a civil against DAGUL for damages
when the former was hit by the tricycle driven by the latter. After 10 months of trial, the case was dismissed.
The police now with an investigation report, DICK would like to file a criminal case for reckless imprudence
resulting in physical injuries against DAGUL
The criminal case will not prosper.
There is already a legal cause that extinguished the criminal action… Prescription
Prejudicial Question
One based on a fact separate and distinct from the crime but is so intimately related to it that it determines the
guilt or innocence of the accused.
Elements:
1. There is a question or issue in a civil case similar to or intimately related to the issue raised in the criminal
action
2. The civil case is filed ahead of the criminal action
3. The resolution of the civil case is determinative of the guilt or innocence of the accused in a criminal case
or whether or not the criminal action may proceed
Rationale:
The rule is intended to avoid two conflicting decisions will cause absurdity to the detriment of the image and
integrity of courts and will place the accused in great disadvantage
This is also intended to save effort and money in the trial of the case which may turn out to futile
Illustrative case
Dondon is a certified playboy. He married Dianne in 1988, during the existence of his 1980 marriage to
diday. Later on, dondon unceremoniously left Dianne when he met daday. Already at the twilight of his life, he
wants daday to be his last wife. However, since the records from the NSO are already centralized and
computerized, he could not secure a certificate of no marriage
Dondon filed a petition for the nullity of his marriage to Dianne for being bigamous. When Dianne learned
about the nullity case, she filed a case for bigamy against dondon. When the bigamy case is already in court,
dondon moves to hold in abeyance the proceedings in the bigamy case on the ground of prejudicial question.
Is the nullity case a prejudicial question to the bigamy case?
No. Even if the nullity case is granted, the fact remains that at the time of the second marriage, dondon
already committed the crime of bigamy.
In fact, if the nullity case is granted, that would even confirm that dondon committed the crime of bigamy.
It would have been different if it was Diday or Dianne that filed the nullity case.
25 October 2021
Preliminary Investigation
Rule 112
Custodial Investigation
It starts the moment the accused was arrested and brought to the police station.
It is the stage where police investigation is no longer a general inquiry into an unsolved crime but has begun
to focus on a particular suspect taken into custody by the police who carry out a process of interrogation that
elicits incriminating statements
A report in writing on the fact-finding inquiry conducted by the law enforcers, prepared by the investigation
officer and signed and thumb marked by the detained person after reading and explaining to him by his
counsel indicating whether the complaint should be filed for purposes of PI.
It is not a constitutional right but a mere statutory personal right that may be waived.
Thus, the person cannot be compelled to be present during the PI
It is not part of the trial but an executive function. Hence, the dismissal during PI does not constitute double
jeopardy (executive process, public prosecutor)
(Double jeopardy applies only to judicial processes)
It covers all offences triable by RTC or MTC, if the penalty is at least 4 years, 2 months and 1 day
Nevertheless, it is a substantial right, the denial of which deprive a person of his right to due process
Inordinate delay in the conduct of PI is also violative of due process
Must be invoked before plea or else it is deemed waived
There is a presumption of regularity that the prosecutor has conducted the requisites PI
The one who claims otherwise must prove it
Procedure of PI
1. Filing of complaint
2. Initial action of investigating officer
3. Submission of counter-affidavits
4. Clarificatory hearing
5. Resolution by prosecutors
Prosecutor
Resolution
To be forwarded with in 5 days from rendering it together with records of the case
Chief Prosecutor
Affirm or dismiss within 10 days from receipt
If affirmed, he must indicate his written authority/approval
If dismissal, the proceeding is terminated
If the resolution is dismissal but it is disapproved by Chief Prosecutor, the latter may either:
1. File the information or;
2. Direct another to file it without any further PI
DOJ Secretary
Petition for Review
Arraignment is suspended for 60 days during the pendency of petition for review with the DOJ Secretary
President
Appeal if penalty is death, life imprisonment of reclusion perpetua
PI in warrantless arrests
A person arrested in flagrante delicto can ask for PI before the filing of C/I in court.
But he must sign a waiver of the provisions of Art. 125 RPC in the presence of his counsel, although he
can apply for bail by this time.
Refusal to sign said waiver would allow the prosecutor or the offended party/peace officer can directly
file
Art. 125
Delay in the delivery of detained persons
12 hours – light felonies (Imprisonment not exceeding 6 months)
Make sure to put on record the exact time you or your relative was arrested
18 hours – correccional penalties (6 months and 1 day up to 6 years)
36 hours – afflictive or capital penalties (6 years to 12 years or 12 years to death)
(Go to barangay and report exact time if not stated in the report of the police)
Inquest
It has the same feature as Custodial/Criminal Investigation, except that the determination in here is
whether or not to file a case in court
The purpose of inquest is to determine whether to detain the person arrested or to release for a PI
Only those arrested in flagrante delicto can be subject of inquest
Only those offenses requiring PI shall undergo INQUEST
Rule:
Records during the PI are not part of the record of the case in court, hence, need not be offered in
evidence.
Exception:
1. Evidence submitted by parties
2. Affidavits and counter-affidavits
3. Resolution of prosecutor recommending the filing of case
ARREST
Rule 113
It is the taking of a person into custody in order that he may be bound to answer the commission of an
offence
Warrant of Arrest
A judicial writ or order authorizing the arrest of a person
Requirement
It should particularly describe the name or the person to be arrested
Blank warrant
The operation resulted in the arrest of DAXTON and the recovery of 10 tons of shabu. However, DESMUND
managed to evade arrest.
While DAXTON was undergoing inquest proceeding, PNP Bacolod Cief Donald S. Penido filed a petition with
the RTC Bacolod for the issuance of a warrant of arrest against escapee DESMUND, citing the magnitude of his
offence and his clout.
If you were the judge, how would you decide on the petition?
Answer:
After the case have already been filed in court, which means that the PI or inquest proceeding is already over
The issuance of warrant of arrest is discretionary on the judge as so provided in sec 2 art III or 1987 Constitution,
based on his personal evaluation of the resolution of the Public Prosecutor within 10 days from filing of the
complaint/information
Still, if he finds no probable cause, he shall dismiss the case withing 30 days from the filing of
complaint/information
It must be implemented within 10 days from receipt by the head of office to whom it was delivered
After the lapse of said period, he (head of office) must explain in writing to the issuing judge the reason
why it was executed
The warrant of arrest remains to be valid because it does not expire and is valid until the arrest is made, or
it is filed by the court
It is effected if there is an intention on the part of the arresting officer to physically restrain a person, and
an intention on the part of such person to submit himself to the custody of the arresting officer.
It may be effected on any day (even on a Saturday or Sunday), and at any time of the day or night. This is
so because public interest requires that criminals shall be given any concession to the prejudice of the
society.
An officer making a lawful arrest (with or without warrant) may orally summon persons to assist him
A person assisting said officer becomes identified with the latter and anyone who inflicts harm on him
will be liable to indirect assault
An officer, not a private person, may break into premises where the person to be arrested is or reasonably
believed to be if he is refused admittance even though he already announced his authority and purpose
He can also break out from said premises if he himself is detained or captivated therein with the use of
necessary force for his liberation
Rights
1. Assistance by counsel at all times
2. To be informed of the following rights in a language known and understood by him
a. To remain silent
b. To have a competent and independent counsel preferably of his choice who shall be allowed to
confer privately with him at all times
3. To be served a copy of Custodial Investigation report valid taking of extrajudicial confession
4. Proper waiver of right under Art. 125 RPC
5. To be visited by immediate family members, counsel, NGO duly accredited by CHR