Professional Documents
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It is a generic term used to describe the network of laws and rules which
govern the procedural administration of criminal justice.
Criminal Jurisdiction
The authority to hear and decide a particular offense and impose punishment
for it. It has three requisites, namely:
2. Territory – the geographical limits of the territory over which the court
presides and where the offense was committed; and
I. Prosecution of Offenses
How instituted?
Complaint
A sworn written statement charging a person with an offense
Executed and Subscribed by the O.P.A.O. [Offended Party, Any peace
officer, or Other public officer charged with the enforcement of the law
violated].
Information
1.An accusation in writing
2. Subscribed by the Prosecutor
3.Filed with the court
Both are:
1. In writing
2. In the name of the People of the Philippines
3. Directed against all persons who appear to be responsible for the offense
involved.
It must be:
1. Sufficient in form, and
2. Sufficient in substance
Examples:
Articles of Impeachment in an impeachment proceedings
Presidential Election Protest
Query:
JP was charged for indiscriminate firing. He claimed that he has to fire his
gun in self-defense because there was an actual threat on his person and the
firing of warning shots was reasonably necessary in order to prevent or repel
the unlawful aggression directed against him. Despite this, the fiscal went on
to file the information in court. May JP claim that the information, though
sufficient in form, is defective in substance? Why?
Any explanation or defense which the defendant may want to invoke can be
properly raised during trial (Galvez v. CA, 237 SCRA 685).
Notes:
1. There are certain classes of offenses that cannot be prosecuted de officio –
1private offenses, i.e. adultery, concubinage, etc. and 2private libels, i.e.
defamation imputing private offenses.
2. For some offenses, there are conditions precedents before plaintiff can
repair to the courts for redress [i.e. those requiring mediation at the “lupong
tagapamayapa”]. However, non-compliance of this rule is not jurisdictional.
The failure of the plaintiff to comply with the conciliation requirement of
Sec. 40 under the Local Government Code of 1991 does not affect the
Court’s jurisdiction if no timely objection is made [San Miguel Village
School v. Pundogar, 173 SCRA 704, Bejar v. CA, 169 SCRA 566].
Queries:
Under the Rules of Court, the fiscal cannot exclude D without court
approval. It would be a grave abuse of discretion on the part of the court in
not including D in the information because of the prosecutors finding that
there is sufficient evidence against all. There was no more necessity to
utilize D as a state witness.
Exception:
Under the Witness Protection Act, the prosecutor has the discretion of
discharging an accused as a state witness and no court approval is necessary.
No. Because in case of conflict between the designation of the offense and
the allegations, the allegation prevails.
Basis:
Art. 100, RPC - Every person criminally liable is also civilly liable
1) The State [whose laws he violated]; and
2) The individual [whose person, right, honor, chastity, or property was
actually or directly injured or damaged by the same acts or omissions].
Exception:
When the infraction falls under the class of offenses called victimless crimes
like gambling, betting on illegal cock fights, drug addiction, prostitution, etc.
etc. under the theory that “the offender himself is his own victim”.
Sec. 1, Rule 111 - When a criminal action is instituted, the civil action for
the recovery of civil liability is deemed instituted with the criminal action
unless the offended party:
1. Waives the civil action;
2. Reserves the right to institute it separately; or
3. Institutes the civil action prior to the criminal action
If the criminal action is filed after the said civil action has already been
instituted, the latter shall be suspended in whatever stage it may be found
before judgments on the merits xxx.
Queries:
Note:
Prejudicial question is subject to the principle that he who comes into court
must come with clean hands. The accused cannot be permitted to use the law
in order to frustrate the ends of justice. Good faith or bad faith is important.
Defined
When required?
Before the filing of complaint or information for an offense where the
penalty prescribed by law is imprisonment of at least 4 years, 2 months and
1 day, without regard to fine.
Note: Effective 2004, judges of the lower court canno longer conduct
Preliminary Investigations.
Rules:
1. The complaint must be sufficient in form [See notes in Prosecution of
Offenses, supra]
2. Supported by affidavits of the complainant and his witnesses
3. Numbers of copies are proportionate to the number of respondents plus 2
official copies
1. Within 10 days after the filing, fiscal determines if there is prima facie
case. If no – dismiss. If yes – issue subpoenas.
2. Within 10 days after receipt of subpoena with the complaint and
supporting affidavits and documents – respondent submits counter
affidavits.
3. In case respondent cannot be subpoenaed or does not submit counter
affidavit within 10 days – investigating officer resolves the complaint on the
basis of evidence presented by complainant.
IV. Arrest
Defined:
1. [Based on Rules of Court] The taking of a person in custody in order that
he may be bound to answer for the commission of an offense (Sec. 1, RRC)
How made:
Committed
Is actually committing an offense
Is attempting to commit
2. Hot Pursuit arrest – when an offense has just been committed and he has
probable cause to believe based on personal knowledge of facts or
circumstances that the person arrested has committed it.
Notes:
A. The arresting officer must have personal knowledge of the commission of
the crime through his senses. He cannot “fish” for evidence first and
afterward make the arrest.
B. The term “personal knowledge” excludes hearsay as a basis for probable
cause.
C. There must first be a lawful arrest before any search may be conducted.
The process cannot be reversed (Dissent of Chief Justice A. Narvasa, People
v. Malmstedt). Exception: in case of valid warantless searches (Majority
opinion, People v. Malmstedt, 198 SCRA 401).
D. For purposes of arrest – Officer may break into any building or enclosure
where the person to be arrested is or is reasonably believed to be, if he is
refused admittance thereto, after announcing his authority and purpose (Sec.
11, RRC).
E. For purposes of search and seizure – he cannot break into any building or
enclosure without violating the right of privacy. Exceptions: 1) When there
is consent (Dissent of Justice I. Cruz, People v. Evaristo, 216 SCRA 431). 2)
When there is a warrant.
3. Arrest of fugitives from justice – persons who has escaped from a penal
establishment, place of confinement etc. while serving sentence, temporarily
confined, or case is still pending – may be arrested under the theory that “he
is engaged in the commission of a continuing offense” (Parulan v. Director
of Prisons, 22 SCRA 639).
Methods of Arrest:
The officer shall inform the person of: 1) the cause of the arrest
2) fact that warrant exist
Inform the person of 1) authority and cause of arrest [if person arresting is
police officer] or 2) intent to arrest and cause [if person arresting is private
person]
V. Bail
Defined:
The security given for the release of a person in custody of the law,
furnished by him or a bondsman, to guarantee his appearance before any
court as required under the conditions of law.
Generally:
The right to bail only accrues when a person is under custody. Court must
have jurisdiction over the person of the accused either thru: 1) arrest, with or
without warrant, or 2) voluntary surrender.
Exception:
When the person under investigation cannot personally appear because he is
hospitalized but applies for bail through his counsel, he is deemed to be
under the constructive custody of the law (Dinapol v. Baldado, 225 SCRA
110, Paderanga v. CA, 247 SCRA 741).
Where to apply?
In the court where the case is pending (if not yet filed, may be filed before
any court).
Notes:
Rights may be waived, unless the waiver is contrary to law, public order,
public policy, morals, or good customs or prejudicial to a third person with a
right recognized by law (Art. 6, NCC).
P – resumed innocent
I – nformed of the nature of the cause and accusation
P – resent in person and by counsel
T – estify in his own behalf
E – xempt from being compelled to be a witness against himself
C – onfront witnesses
C – ompulsory process to secure attendance of witnesses and production of
other evidence
S – peedy, impartial and public trial
A – ppeal
Notes:
The starting point is the presumption of innocence (See: Section 3, Par. (a),
Rule 131, RRC)
It is incumbent upon the prosecution to demonstrate culpability. The burden
of proof lies in the prosecution. Unless guilt beyond reasonable doubt is
established, the accused need not prove his innocence.
Burden of proof – the duty of the affirmative to prove what it alleges.
(Africa, The Art of Argumentation and Debate).
Absolute certainty is not demanded by the law to convict but only moral
certainty.
Essential to avoid surprise and to afford him the opportunity to prepare his
defense accordingly.
Arraignment serves this purpose by informing him why the prosecuting arm
of the state is mobilized against him.
An accused cannot be convicted of an offense unless it is clearly charged in
the compliant or information. Basic rule – you cannot prove what you did
not allege.
Notes:
A. Prohibition covers 1testimonial compulsion and the production of the
accused of incriminating documents and articles demanded from him.
B. Does not include compulsion to
1.submit fingerprints,
2. photograph,
3. blood or urine samples, and
4. others requiring a mere mechanical act on the part of the accused
[Villaflor v. Summers, 41 Phil. 64, US v. Tan Teng, 23 Phil. 145,
Schemerber v. California, US L.Ed. 2d 908, 89 S CT No. 658].
Reasons:
To meet the witness face to face (Bill of Rights, 1987 Constitution)
To enable the court to judge the truthfulness, deportment, and the
appearance of the witness while testifying (US v, Javier, 37 Phil 449).
Notes:
A. If a sub-poena or sub-poena duces tecum is issued and the person named
in the sub-poena refuses to appear or refuses to produce the required
documents without justifiable reasons – court has the power to declare that
person in contempt and may order his arrest. [People v. Montejo, 21 SCRA
722].
Speed:
Justice delayed is justice as denied
Impartiality:
Every party litigant is entitled to nothing less than the cold neutrality of an
impartial court (Macalintal v. Judge Teh, 280 SCRA 623).
Public trial:
So that the public may see that he is fairly dealt with and not unjustly
condemned in case of conviction.
So the public may know of the fact or the basis of his innocence in case of
acquittal.
Note: “Public trial” and “Trial by publicity” are two different things. They
are not the same. There should be a public trial, not trial by publicity.
The right to appeal is a statutory right but withdrawal of this right, in the
absence of a valid waiver, constitutes a denial of due process guaranteed by
the Constitution (Cruz, Constitutional Law, 2003 Ed.).
It is not a natural right or inherent one. The party who seeks to avail of the
said right must comply with the requirements of the Rules. Otherwise, the
right to appeal is lost (People v. Sabellano, 198 SCRA 196)
Purpose of arraignment [Key: FIG] (14 Am. Jur., p. 939, GV Jacinto, Crim.
Proc.)
Note:
In order for the Court to “acquire” complete jurisdiction over the person of
the accused, arraignment is essential. Unless this procedure is completed, the
court cannot commence trial in absentia.
Procedure:
Arraignment must be made in open court by the judge or the clerk
Accused must be furnished with a copy of the complaint or information
Complaint or Information must be read in a language or dialect known to
him
Accused must be present
Accused must personally enter his plea
Pre-trial Conference:
Private offended party shall be required to appear for purposes of:
1) Plea-bargaining
2) Determination of civil liability
3) Other matters requiring his presence
Bill of particulars:
The accused may, before arraignment, move for a bill of particulars to
enable him properly to plead and prepare for trial. The motion shall specify
the alleged defects of the complaint or information and the details desired.
The remedy against an indictment that fails to allege the time of the
commission of the offense with sufficient definition is a Motion for Bill of
Particulars and not a Motion to Quash (Rocaberte v. People, 192 SCRA
152).
Modes of discovery:
Accused has a right against the suppression of evidence favorable to an
accused which is material as to 1) guilt, or 2) as to punishment (Webb v. De
Leon, 247 SCRA 653).
Notes: