Course Code: CRI 060

Course Title: Criminal Procedure & Court Testimony

Module #1 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Lesson title: Introduction to Criminal Procedures
Lesson Objectives:
At the end of the module, students will be able to:
1. Internalize the concepts of criminal procedures, and its
significance in court cases.
2. Define and contrast Jurisdiction and venue and its
importance
Materials: Ballpen, Paper & Notebook
References:
1. Willard B. Riano, Criminal Procedure
(The Bar Lectures Series), Copyright
2011 by REX Book Store, Inc.
2. Herrera, Remedial Law, Vol. IV
(Criminal Procedure), Copyrigth 2007
by Rex Book Store.

A. LESSON PREVIEW/REVIEW

Introduction (2 mins)

Hello! Are you ready to learn something new today? Great! That’s the spirit of a true student. Welcome
to our subject. Our first lesson for this subject is about the “Concept of Philippine Criminal Procedure,
Jurisdiction, and Venue”. You are expected that at the end of this lesson you may be able to: 1. Define
and scope of criminal procedure and its significant importance; 2. Come up and understand the
difference between jurisdiction from the venue. 3. Enumerate the different jurisdictions of the court in
criminal cases.

B. MAIN LESSON
Activity 1: Content Notes (15 mins) I believe you are quite excited to know about the concept, sources,
and application of the criminal procedure in the criminal justice process. The importance of jurisdiction
and venue in criminal ligation proceedings. But before that, let us know first the concept of criminal
procedure and its related significant topics. Let’s get started!

1. Criminal Procedure
⮚ 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?
⮚ Is concerned with the procedure steps through which a criminal case passes,
commencing with the initial investigation of a crime and concluding with the
unconditional release of the offenders.

2. Enumerate the systems and sources of criminal procedure

a. The Spanish Law of Criminal procedure
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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #1 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

b. Amendatory Acts passed by the Philippine Commission (Act No. 194)

c. The Rules of Court of 1940, 1964, 1985, and 1998 Rules on Criminal Procedure
d. Judiciary Act of 1948 defining criminal jurisdiction
e. Presidential Decrees, e.g., P.D. No. 911; R.A. No. 732, regulating the authority of
Prosecuting Fiscals to conduct Preliminary Investigation
f. The 1987 Philippine Constitution - Rights of the Accused
g. The Civil Code (Arts. 32, 33, and 34)
h. Judicial decision
i. R.A. No. 8493, The Speedy Trial Act of 1998
j. The Revised Rule on Criminal Procedure (As amended, December 1, 2000)

⮚ Note: In Criminal Procedure, you will study, well, the rules of criminal procedure. All the
rules are in the Revised Rules of Court (2000 Rules of Criminal Procedure) and Criminal
Procedure begins from Rule 110-127.
⮚ Note: These are rules promulgated by the Supreme Court under its rule-making power
(Sec. 5(5), Art. VIII of the Constitution) and not made by Congress of the Philippines.

3. The Three Systems of Criminal Procedure

a. Inquisitorial
⮚ This system provides that the detection and prosecution of offenders are not left to the
initiative of the offended parties but to the officials and agents of the law. The resort is
made to secret inquiry to discover the culprit and violence and torture was often
employed to extract a confession. The Judge was not limited to the evidence brought
before him but could proceed with his own inquiry which was not confrontative.

b. Accusatorial
⮚ Under this system, the accusation is exercised by every citizen or by a member of the
group to which the injured party belongs. As the action is a combat between the parties,
the supposed offender has the right to be confronted by his accuser. A magistrate who
renders the verdict judges the battle in the form of a public trial.

c. Mixed System
⮚ This system is a combination of the inquisitorial and the accusatorial systems. Thus,
the examination of defendants and other persons before the filing of the complaint or
information may be inquisitorial.

⮚ Note: As a general rule, a court proceeding in our judicial set-up is accusatorial or

adversarial and not inquisitorial in nature. It is adversarial because it requires that the
prosecutor representing the state must prove the guilt of the accused. It contemplates two
contending parties before the court, which hears them impartially and renders judgment
only after trial.

4. Define and distinguish jurisdiction and venue:

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #1 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

⮚ Jurisdiction is derived from the Latin term "Juris" and "deco" which means, "I speak the
law". It is the power or authority of the court to take cognizance and decide cases.

⮚ Venue is the place or location in which a criminal offense or civil litigation is to be conducted
or the case will be heard.

⮚ Criminal Jurisdiction is the authority to hear and try a particular offense and impose the
punishment for it. The general rule is that the jurisdiction of the courts determines by: (1)
the geographical limits of the territory over which it presides, and (2) the actions (civil and
criminal) it is empowered to hear and decide.

⮚ Note: Criminal jurisdiction is essentially the power of a State to try and punish a person for
a violation of its penal laws.

⮚ Thus, Jurisdiction and Venue Differentiation:

JURISDICTION
Authority to hear and determine a case
A matter of substantive law
Fixed by law and cannot be conferred by the
parties
Establishes a relation between the court and
subject matter
VENUE
Court/place where the case is to be tried and
heard
A matter of procedural law
May be conferred by the act or agreement of the
parties
Establishes a relation between plaintiff and
defendant, or petitioner and respondent

⮚ Note: Generally, venue in criminal case is jurisdiction. Subject to the policy of convenient
of the parties and not to frustrate the interest of justice. Thus, if the crime is committed in
Cagayan de Oro City, it cannot be filed in Iligan City.

5. Elements of the jurisdiction in criminal cases?

a. The nature of the offense and /or penalty attached thereto; and
b. The fact that the offense has been committed within the territorial jurisdiction of the court.

⮚ Note: The non-concurrence of either of these two elements may be challenged by an

accused at any stage of the proceedings in the court below or an appeal. Failing in one of
them, a judgment of conviction is null and void.

6. Requisites for the valid exercise of criminal jurisdiction:

a. It must have jurisdiction over the subject matter.
⮚ Basically, the court cannot rule on a criminal case if it does not have jurisdiction over the
crime involved. According to Riano, subject matter jurisdiction is the authority of the
court to hear and determine the particular case; it is basically jurisdiction over the offense
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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #1 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

charged.
⮚ A court has to have jurisdiction over the subject matter (basically, the crime involved in
the case) before it can rule on the case. Hence, jurisdiction over the subject matter is
essential.

b. It must have jurisdiction over the territory where the offense was committed;
⮚ Basically, the court cannot rule on a case involving a crime committed outside its
territory. Generally, the criminal action shall be instituted and tried in the court of the
municipality or territory where the offense was committed or where any of its essential
ingredients occurred (see Rule 110, Sec. 15). So, the place crime was committed
determines the court which has territorial jurisdiction.

c. It must have jurisdiction over the person of the accused.

⮚ Basically, the court cannot just rule on an accused that never showed up because it
violates due process, since he cannot defend himself, among others; the court must first
have jurisdiction over the accused.
⮚ There are two ways for a court to acquire jurisdiction over the person: (1) through the
enforcement of a warrant of arrest; or (2) through the accused’s voluntary appearance.

⮚ Note: The court has to have all three requisites. Otherwise, the case can be dismissed for
lack of jurisdiction. Thus, a conviction or acquittal before a court having no jurisdiction is,
like all proceeding is the case, absolutely void, and is, therefore, no bar to subsequent
indictment and trial in a court, which has jurisdiction of the offense.

7. What is a principle of jurisdiction?

⮚ Jurisdiction is conferred by law or constitution. It cannot be fixed by the will of the parties
nor can it be acquired or diminished by the act of the parties. In determining whether a case
lies within or outside the jurisdiction of a court reference to the applicable statute on the
matter is indispensable. It is a settled rule that the jurisdiction of a court is determined by
the statute in force at the time of the commencement of the action. (Tolentino vs. Social
Security Commission, 138 SCRA 428)

⮚ Exception, where jurisdiction is dependent on the nature of possession of the accused at

the time of the commission of the offense. (Sabido vs. Sandiganbayan)

8. Jurisdiction of Different Court in Criminal Cases:

a. Supreme Court
⮚ Exclusive Appellate
● By appeal 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 out of the same
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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #1 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

occurrence or which may have been committed by the accused on the same
occasion. Automatic review in criminal cases where the death penalty is
imposed.
⮚ By petition for review on certiorari from the Court of Appeals, Sandiganbayan, and
Regional Trial Courts where only error or question of law is involved.

b. Court of Appeals
⮚ Exclusive Appellate
● By appeal from the Regional Trial Courts in cases commenced therein, except
those appealable to the Supreme Court or Sandiganbayan.
● By petition for review from the Regional Trial Courts in cases appealed thereto
from the lower courts and not appealable to the Sandiganbayan.

c. Sandiganbayan
⮚ Original and Exclusive
● Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-
graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2,
Title VII, Book II of the Revised Penal Code, where one or more of the accused
are officials of the executive branch occupying the position of regional director and
higher, otherwise classified as grade '27' and higher the Compensation and
Position Classified Act of 1989 (R. A. Act No. 6758).

⮚ Exclusive by appeal from the Regional Trial Courts in all cases under P.D. l606, as
amended by P. D. l86l, whether or not the cases were decided by them in the exercise
of their original or appellate jurisdictions.

d. Regional Trial Courts

⮚ The exclusive original all criminal cases where the penalty is more six (6) years and
which are not within the exclusive jurisdiction of any court, tribunal or body.
⮚ Exclusive appellate all cases decided by the lower courts (MTC/MCTC) in their
respective territorial jurisdictions.

e. Metropolitan, Municipal, and Municipal Circuit Trial Courts

● Exclusive Original
● All violations of city or municipal ordinances committed within their respective
territorial jurisdictions;
● All offenses punishable with imprisonment of 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 civil liabilities arising therefrom; and
● All offenses (except violations of R.A. 30l9, R.A. l379, and Arts. 2l0-2l2, Revised
Penal Code) committed by public officers and employees in relation to their office,
including those employed in government-owned or controlled corporations, and
private individuals charged as principals, accomplices, or accessories, punishable
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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #1 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

with imprisonment of not more than 6 years or where none of the accused holds a
position of salary Grade "27" and higher.

9. Cases govern by the Summary Procedure

a. Traffic violations;
b. Violations of rental law;
c. Violations of the city or municipal ordinance; and
d. All other offenses where the penalty does not exceed 6 months imprisonment and/or P
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 P l0,000.00.

10. Criminal cases subject to the Jurisdiction of Katarungang Pambarangay

a. All Offenses for which the law prescribes a maximum penalty of imprisonment not
exceeding one (1) year or a fine not more than five thousand pesos (P5,000.00).

● Note:
● Generally, all disputes are subject to Barangay conciliation pursuant to the Revised
Katarungang Pambarangay Law (formerly P.D. 1508, repealed and now replaced by
Secs. 399-422, Chapter VII, Title I, Book III, and Sec. 515, Title I, Book IV, R.A. 7160,
otherwise known as the Local Government Code of 1991), and prior recourse thereto is
a pre-condition before filing a complaint in court or any government offices.
● The Barangay Justice System or Katarungang Pambarangay is created within the
barangay pursuant to PD 1508, as amended by Republic Act No. 7160 “the Philippine
Local Government Code of 1991”. It is composed of members commonly known
as Lupon Tagapamayapa (Justice of the peace). Their function is to conciliate and
mediate disputes at the Barangay level to avoid legal action and relieve the courts of
docket congestion. In plain language, Katarungang Pambarangay is a system for
amicable settlement of disputes at the barangay.
● The Punong Barangay (Barangay Captain/Chairman) is the Chairman of the lupon. The
Barangay Secretary shall concurrently the Secretary of the Lupon. He shall also receive
and keep the records of proceedings submitted to him by the various conciliation panels.
They do not constitute a court as they do not have judicial powers.
● According to the Revised Katarungang Pambarangay Law, the Lupon is composed of
the Punong Barangay and ten (10) to twenty (20) members. In each Lupon (committee)
there is a Conciliation Body (Pangkat Tagapagkasundo), the main function of which is
to bring opposing parties together and effect the amicable settlement of differences.
● The Katarungang Pambarangay proceeding includes mediation, conciliation, and
arbitration. Mediation is the first process of settling a dispute under the Katarungang
Pambarangay. It is performed by the punong barangay as lupon chairman who is given
authority to summon the disputants for a face-to-face meeting before him for the purpose
of expeditiously and amicably settling their differences. Conciliation is the extension of
the amicable settlement in the case the mediatory effort of the punong baranagy did not
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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #1 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

result to reconciliation within the 15 days from the start of the proceedings. Arbitration is
the alternative way of settling disputes under the Katarungang Pambarangay whereby
contesting parties agree in writing on the decision or judgment of the punong barangay
or the pangkat.
● It is noted that when the dispute is under mediation conciliation or arbitration, the
prescriptive periods for offenses and cause of action under existing laws shall be
interrupted upon filing of the complaint with the Punong Barangay.

Content and Skill-Building

Activity 2: Skill-building Activities

Let’s practice! After completing each exercise, you may refer to the Key to Corrections for feedback.
Try to complete each exercise before looking at the feedback.

2.1 Define a criminal procedure, enumerate the sources of criminal procedure and the regular
courts of the Philippines and distinguish jurisdiction from venue. Write your answers below.
Avoid any erasures.

Questions: Answers:

1. Criminal procedure

2. Sources of criminal
procedure

3. The regular courts in the

Philippines

4. Contrast jurisdiction from

the venue

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #1 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

2.2 Discuss the systems of criminal procedure. Write your answer in bullet form.

Systems of Criminal Answers:

Procedure

a. Inquisitorial ●

b. Accusatorial ●

c. Mixed System ●

2.3. Here’s more! Discuss the requisites for the valid exercise of criminal jurisdiction and its
effect for non-concurrence: Limit your answer to two sentences only.

What are the requisites Answers:

for the valid exercise of
criminal jurisdiction and
its effect on non-
concurrence?

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #1 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

a. It must have jurisdiction

over the subject matter.

b. It must have jurisdiction

over the territory where
the offense was
committed

c. It must have jurisdiction

over the person of the
accused

d. Effects of non-concurrent

2.4: Check for Understanding (5 mins) The following are questions to assess your understanding
about the lesson today. You are required to identify what is being asked. Write your answer on the
space provided before the number. Avoid any erasures! “Check your answers against the Key to
Corrections found at the end of this SAS. Write your score on your paper.”

TRUE OR FALSE. (1 point each) Instructions: Read and analyze each statement carefully. Write your
answer in the space Jurisdiction if the statement is TRUE and Venue if FALSE. Write your answer on
the space provided before the number.

_____________________1. The Municipal Trial Courts in criminal cases has only original but no
appellate jurisdiction.
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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #1 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

_____________________2. The jurisdiction of the Supreme Court and Court of Appeals involving
criminal cases are all appellate.
_____________________3. The main or principal source of the Philippine Criminal Procedure is the
Revised Rules of Court of 2000.
_____________________4. Venue in criminal cases is jurisdictional.
_____________________5. The judicial power of the government is vested to the Supreme Court
and its lower courts.
_____________________6. All offenses where the penalty does not exceed 1 year imprisonment
are governed by the rule on summary procedure.
_____________________7. Criminal cases subject to the jurisdiction of Katarungang Pambarangay
are those offenses where the penalty does not exceed 6-month imprisonment.
_____________________8. Republic Act No. 7160 is otherwise known as the Katarungang
Pambarangay Law.
_____________________9. The Barangay Secretary shall concurrently the Head of the Lupon.
____________________10. The Lupon is composed of the Punong Barangay and five (5) to ten (10)
members.

C. LESSON WRAP-UP

Q1. What is criminal procedure and it’s used in criminal justice process?
Answer: Is procedural steps for the apprehension and prosecution of persons accused of any criminal
offense, and for their punishment after proper ligation process. It’s used to regulate procedures
followed by the bodies involved in criminal proceedings and the courts to ensure that criminal offences
be properly investigated and their perpetrators justly punished under the law with due respect to
fundamental rights and freedoms of persons.

Q2. How to determine the jurisdiction of the court in criminal cases and its effect of non-
concurrence?
Answer: The jurisdiction of the court are determine (1) the nature of the offense and /or penalty
attached thereto; and the fact that the offense has been committed within the territorial jurisdiction of
the court. The non-concurrence of either of these two elements may be challenged by an accused at
any stage of the proceedings in the court below or an appeal. Failing in one of them, a judgment of
conviction is null and void.

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #1 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Thinking about Learning

Work Tracker

That’s it! You have successfully finished the lesson today. Let us track your progress. Shade the
session number you just completed. Kindly mark the place in the work tracker to help you track how
much work they have accomplished and how much work there is left to do.

1.Did you have challenges learning the concepts in this module? If none, which parts of the
module helped you learn the concepts?
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
____________ __________________________________________.

2.Some question/s I want to ask my teacher about this module is/are:

___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
____________________ __________________________________________

ANSWER KEY:

Rubrics on Skill Rate

Building
Activity 2.1
Organization of 2
thoughts
Grammar 1
Readability 1
Cleanliness 1
Total 5 points
Activity 2.2
Organization of 2
thoughts
Grammar 1
Readability 1
Cleanliness 1

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #1 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Total 5 points
Activity 2.3
Correct answer with 2
explanation and
without erasure
Correct answer with 1
explanation but with
erasure
Incomplete answer 1
and no explanation
Correct answer with 1
explanation and
without erasure
Total 5 Points
Activity 2.4

Answer Key (True or False):

1-5 Jurisdiction
6-10 Venue

Congratulations! That's all for now; prepare ahead of time by studying topics related to the
Concept of Criminal Procedure!

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