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.
Jurisdiction - is the authority of the court to hear and try a particular offense and to impose punishment
provided by law
Venue - is defined as the place, site or territory where the crime was committed. The court cannot take
cognizance of an offense which was not committed over its territorial jurisdiction.
locus criminis- means the place where the crime happened
Three systems of criminal procedure
Inquisitorial – the detection and prosecution of offenders are not left to the initiative of private parties
but to the officials and agents of the law. Resort is made to secret inquiry to discover the culprit,
violence and torture employed to extract confessions.
Accusatorial- 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 legal battle between the parties, the offender has the right to
confront the accuser or the offended party. The essence of the accusatorial system is the right to be
presumed innocent. To overcome the presumption, the prosecution must establish the guilt of the
culprit/accused beyond reasonable doubt.
Mixed – This is a combination of the good features of the inquisitorial and accusatorial systems. The
detection and prosecution of offenders are not left to the initiative of private parties but to the officials
and agents of the law as well who are conducting secret inquiry to discover the culprit.

Prosecution of offenses - Rule 110

By the filing of complaint or information:
. 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.
Information - is an accusation in writing charging a person with an offense, subscribed by the prosecutor
and filed with the court.
In summary the complaint or information is sufficient if it states the following:
1. The name of the accused, any appellation or nickname. An error in the name of the accused is not
reversible as long as his identity is sufficiently established and the defect is curable at any stage of the
proceedings as the insertion of the real name of the accused is merely a matter of form;
2. The designation of the offense given by the statute;
3. The acts or omissions complained of as constituting the offense;
4. The name of the offended party;
5. The approximate date of the commission of the offense; and

6. The place where the offense was committed.

General Rule
Only offenses which carries a penalty of four (4) years, two (2) months and one 1 day and higher is
subject for preliminary investigation
Jurisdiction of criminal cases of the courts:
Regional Trial Court - Exclusive original jurisdiction over all offenses punishable with imprisonment
exceeding six (6) years (Sec. 32 (2) BP 129)
Municipal Trial Courts (MTC’s) - Exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding six (6) years
Two ways in filing a complaint
Regular filing – the filing is either in MTC or RTC or depending on the nature of the offense and its
corresponding penalty under the following requisites:
When the accused has not been arrested in the act of the commission of the crime.
The failure of filing the complaint based on the prescribed time provided under Art. 125 (Delay in the
delivery of detained person to the proper judicial authority) after the observance of 12 hours for light
penalties, 18 hours for correctional penalties and 36 hours for afflictive and capital penalties. The filing is
as follows:
a. If the penalty of the offense is 4 years, 2 months and 1 day to 6 years- MTC
b. If the penalty of the offense is 6 years and 1 day to reclusion perpeuta(40 years) - RTC
After the filing of the complaint, preliminary investigations follows pursuant to Section 3, Rule
112.
2. Direct filing – is done by the filing of a complaint after the accused has been caught in the act (in
flagrante delicto) while in the commission of an offense. There is no preliminary investigation to be
conducted, instead an inquest proceedings will be done.
Filing of the complaint will be done either in the RTC or MTC depending on the nature of the
offense and its corresponding penalty as follows:
a. If the penalty is 4 years, 2 months and 1 day to 6 months – MTC
b. if the penalty is 6 months and 1 day to reclusion perpetua ( 40 years)- RTC
Inquest - means an informal and summary investigation conducted by the public prosecutor in a criminal
case involving persons arrested and detained without the benefit of a warrant of arrest issued by the
court in determining whether such persons should remain under custody ad correspondingly charged in
court.
When a person is lawfully arrested without a warrant involving an offense which requires a preliminary
investigation, the complaint or information may be filed by a prosecutor without need of such
investigation provided an inquest has been conducted in accordance with existing rules. (Sec. 7, Rule
112)
Rule 111- Prosecution of civil action.
Civil action is deemed instituted in the criminal action except:
If the complainant waives to file civil action
Reserves the right to institute it separately, and
Institutes the civil action prior to the criminal action.
Conditions in case of separate filing: (Sec. 2)
After the criminal action has been commenced, the separate civil action arising therefrom cannot be
instituted until final judgment has been entered in the criminal action.
If the criminal action is filed after the said civil action has been already instituted, the latter shall be
suspended in whatever stage it may be found before judgment on the merits. The suspension shall last
until final judgment is rendered in the criminal action.
The extinction of the penal action does not carry with the extinction of the civil action.
However, the civil action based on delict may be deemed extinguished if there is a finding in a final
judgment in the criminal action that the act or omission from which the civil liability may arise did not
exist.

Summary of effects in civil action:

If the accused died after arraignment and during the pendency of the criminal action- civil liability
arising from the delict (misdeed) extinguished ( it is in a situation where there is no separate civil action)
(Sec. 4)
If the civil action arising from other obligation has been filed separately, and the accused died, the civil
action will proceed after against his estate or his legal representative after proper substitution. (Sec.
4)
If the accused dies before arraignment, the case (criminal) shall be dismissed without prejudice to any
civil action the offended party may file against the estate of the deceased. (Sec. 4)
If the defendant is absolved from final judgment in civil action- the judgment is not a bar for criminal
action against the defendant in the same acts or omissions. (Sec. 5)
There is suspension of criminal action if there is prejudicial question.
Prejudicial question – is that which arises in a case for the resolution of which is the logical antecedent
of the issue involved therein, and the cognizance of which pertains to another tribunal. It must be
determinative of the case before the court, but the jurisdiction to try and resolve the question must be
lodged in another court or tribunal. The rationale behind this rule is to avoid two conflicting decisions.

Elements of prejudicial question:

1. The previously instituted civil action involves an issue similar or intimately related to the issue raised
in the subsequent criminal action; and
2. The resolution of such issue determines whether or not the criminal action may proceed.
Rule 112
.- Preliminary investigation - is an inquiry or proceeding to determine whether there is sufficient
ground to engender a well-founded belief that a crime has been committed and the respondent is
probably guilty thereof, and should be held for trial.
Except as provided in Section 6 of this Rule, a preliminary investigation is required to be
conducted before the filing of a complaint or information for an offense where the penalty prescribed
by law is at least four (4) years, two (2) months and one (1) day without regard to the fine.
Section 6. When warrant of arrest may issue. — (a) By the Regional Trial Court. — Within ten (10) days
from the filing of the complaint or information, the judge shall personally evaluate the resolution of
the prosecutor and its supporting evidence. He may immediately dismiss the case if the evidence on
record clearly fails to establish probable cause. If he finds probable cause, he shall issue a warrant of
arrest, or a commitment order if the accused has already been arrested pursuant to a warrant issued
by the judge who conducted the preliminary investigation or when the complaint or information was
filed pursuant to section 7 of this Rule.
Section 7. When a person is lawfully arrested without a warrant involving an offense which
requires a preliminary investigation, the complaint or information may be filed by a prosecutor without
need of such investigation provided an inquest has been conducted in accordance with existing rules
Summary of Procedure in the conduct of preliminary investigation.
Filing of the complaint accompanied by the affidavits of the complainant and his witnesses and
supporting documents.
Within ten (10) days after the filing of the complaint, the investigating officer shall either dismiss it if he
finds no ground to continue with investigation, or issue a subpoena to the respondent attaching to it a
copy of the complainant and its supporting documents.
Within ten (10) days from receipt of subpoena, the respondent shall submit counter-affidavit and that of
his witnesses.
Within ten (10) days from the submission of counter-affidavits and other documents the investigating
officer shall conduct a hearing if there are facts and issues to be clarified.
Within ten (10) days after the investigation, the investigating officer shall determine whether or not
there is sufficient ground to hold the respondent for trial. (3a)
Within five (5) days from his resolution, he shall forward the record of the case to the provincial or city
prosecutor or chief state prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable
by the Sandiganbayan in its original jurisdiction. The said officers shall act on the resolution within ten
(10) days from their receipt thereof and shall inform the parties about their action.
Within ten (10) days from the filing of the complaint or information, the judge shall personally evaluate
the resolution of the prosecutor. If he finds probable cause, he will issue a warrant of arrest. He if he
found no probable cause, he will dismiss the case.

The purpose of preliminary investigation is to determine probable cause based on the complaint and
evidences presented as a basis in recommending the accused to be held in trial (executive function or as
basis in the issuance of warrant of arrest ( judicial function)

Probable cause- is defined as the existence of such facts and circumstances as would excite the belief, in
a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged
was guilty of the crime for which he was prosecuted. (Schroeder vs. Saldevar, 522 SCRA 624)

Two (2) ways in determining a probable cause.

Executive function- the determination of the probable cause is performed by the prosecutor on the basis
of the complaint-affidavit and its evidences as a basis in making a recommendation to the court to hold
the person for trial or dismiss the complaint if he found no probable cause (regular filing)
Judicial function- the determination of probable cause is performed by the judge based on the
information submitted by the prosecutor (after preliminary investigation (regular filing) or to the
complaint if the person was arrested without the benefit of a warrant (direct filing). If the judge found
no probable cause, he will dismiss the case, and, if he found probable cause he will issue warrant of
arrest.

The difference between the two:

The executive determination of probable cause concerns itself with whether there is enough
evidence to support an information being filed. The judicial determination of probable cause on the
other hand determines whether a warrant of arrest should be issued.
Who are authorized to conduct preliminary investigation?
Sec. 2. Officer authorized to conduct preliminary investigations-
The following may conduct preliminary investigations:
(a.) Provincial or City Prosecutors and their assistants;
(b.) Judges of the Municipal Trial Court and Municipal Circuit Trial Courts;
(c.) National and Regional State Prosecutors; and
d.) Other offices authorized by law:
Example:
Ombudsman – in accordance to Section 13 (1), Article XI, 1987 Constitution.
COMELEC
Arrest – Rule 113
Arrest is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense
Section 4. Execution of warrant. — The head of the office to whom the warrant of arrest was delivered
for execution shall cause the warrant to be executed within ten (10) days from its receipt.
Section 5. Arrest without warrant; when lawful. — A peace officer or a private person may, without a
warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
(b) 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 to be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or is temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another.
In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be
forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance
with section 7 of Rule
Rule 114
Bail is 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 hereinafter
specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or
recognizance
Person who cannot avail a bail- those who committed an offense which carries a penalty of reclusion
perpetua to death or capital offense
Bail as a matter of right- when the offense is not punishable by reclusion perpetua or death
Bail as a matter of discretion- Upon conviction by the Regional Trial Court of an offense not punishable
by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. (Section 5)
Capital offense - 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
Circumstances where bail is discretionary
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated
by the circumstance of reiteration;
(b) That he has previously escaped from legal confinement, evaded sentence, or violated the conditions
of his bail without valid justification;
(c) That he committed the offense while under probation, parole, or conditional pardon;

(d) That the circumstances of his case indicate the probability of flight if released on bail; or
(e) That there is undue risk that he may commit another crime during the pendency of the appeal.
The appellate court may, motu proprio or on motion of any party, review the resolution of the Regional
Trial Court after notice to the adverse party in either case. (5a)

Recognizance - is defined as an obligation of record, entered by law or these Rules, the court may
release a person in custody on his own recognizance, or that of a responsible person
Rule 115- rights of the accuse
Rule 116- Arraignment and Plea
Arraignment- is a formal reading of a criminal charges in document in the presence of the defendant, to
inform them of the charges against them
Plea- a formal statement by or on behalf of a defendant or innocence in response to a charge, offering
an allegation of fact, or claiming that a point of law should apply.
Plea of guilty- is an unconditional admission of guilt, freely, voluntarily, and made with full knowledge of
the consequences and meaning of his act and with a clear understanding of the precise nature of the
crime charged in the complaint or information.