Criminal Law- covered by substantive law

Criminal Procedure- covered by procedural law. A part of rules of Court 110-127

Criminal Procedure- is a method fixed by law for the apprehension, conviction and punishment of a
convicted person criminally charged.
Criminal Law – is a broader term, it refers to that branch of law which defines crimes and prescribes
their penalty
3 Types of Criminal Procedure System
1. Adversarial system
-historically came from method settling dispute by way of combat. A referee is the one who will
decide the winner.
2. Inquisitorial system
- A system that calls inquisition. Usually interrogation of suspects. Violence of torture to
come up some admission.
3. Mixed system
- A combination of adversarial and inquisitorial system. The one prevailing in our jurisdiction.

*Pre-Arrest investigation
- After reported to the law enforcement. Law enforcement initiates investigation. Unless
caught in the act(inflagrante delicto) or under citizens arrest. No more pre arrest
investigation. There can be arrest without warrant.
- The authorities will examine if theres really a crime that have been committed.
*Arrest
- incase of warrantless arrest. A complaint is immediately filed through inquest. When there is
A person arrested there is a booking.

*Booking

*Post Arrest Investigation

*Preliminary investigation by the Prosecutor

- To determine whether there is a probable cause. Probable cause refers to 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 is to engender a well-founded belief that a crime has been committed, and
that the respondent or accused is probably guilty thereof.
*Filing of the complaint/information to the Court/Judicial authorities.
-First level courts are:
Municipal trial court, Municipal circuit trial court, municipal trial courts in cities and metropolitan
trial courts 6 years and below offenses.
- If imposable penalty is 6 yrs and 1 day up . the jurisdiction is within the Regional trial court
(2nd level court). If the crime is committed by a public officer in relation to his office, the
ombudmans will conduct the investigation. If the public Officer has the salary grade of 27, it
will be filed at the Sandiganbayan. Family courts.
- Once the information or complaint is filed, there is an arraignment. Now arraignment and
pre-trial.
- Every court has defined jurisdiction
- A court with no jurisdiction cannot validly impose to it
- In case of continuous crime, where essential ingrediate happen. They may file their. A ship
boyage for example. Like deceit sometime continuing, product of a mind. Rebellion also.
Kidnapping, illegal detention.

*Trial
-The prosecution has given authority to present the case, followed by the accused and the
respondent. Then after presentation , there is now the rebuttal evidence.

*Judgment
-adjudication by the court whether the accused had committed the crime or not.
*Appealed by certiorari if the Judge committed grave abuse of discretion.

 Arraignment- constitutional rights of the accused to be informed of the accusation against him.
To be confronted . and plea if guilty or not. If he refuses, a plea of guilty.

 Jurisdiction –juris-law-diction –I speak. I speak by the law.

Criminal Jurisdiction
- Authority to hear and tri a particular case. And impose punishment if conviction results.
Jurisdiction over subject matter not define of the law enorce at the time of the commission of the
offense but at the time of the institution of the complaint or information.
Jurisdiction over subject matter is conferred/define by law thus cannot be conferred by the
agreements of parties.
Jurisdiction upon the court conferred by the allegations by the complaint to determin if that court has
appropriate jurisdiction over the case.
Jurisdiction over the accused or defendeant is acquired primarily by the warrant of arrest issued by
the court. Either warrant of arrest or warrantless arrest or voluntary submission of the accused to the
court.

 What was the law at the time of institution of the complaint or information.
 Ones jurisdiction is vested on that particular call, it can no longer be withdrawn or defetead
even there is subsequent amendment.

ELEMENTS OF JURISDICTION in Crim Pro

1. Penalty of the Offense

Jurisdiction over a territory

- Court has territorial jurisdiction.

FLOW OF CRIMINAL PROCEDURE

1. Crimes has been committed
2. Reporting of the crime to law enforcement
3. Pre arrest by law enfocement, gathering evidences and information.
4. Complaint file in proper officer usually the prosecutor
5. Preliminary investigation if there is probable cause and filed to the court. Court will do
preliminary examination. If lack of evidence the complaint will be remanded back to the
prosecutor for an additional evidence to be presented or a strong evidence of guilt.
6. If there is probable cause, court will set for arraignment and pre-trial
Inquest Prosecutor- usually assigned in police station. File information to the court.
 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,
 Pre trial
1. Accused is given opportunity to Plea bargaining (first phase of pre trial) with consent of the
victim or its rep and the presence of the public prosecutor.then submitted to the court for
approval. Thus court may reject it since it is only a propoasal if it is not accord to the law.
2. Stipulation of facts if plea bargaining is unsuceesful. No presentation of evidence when
admission has been made. Court will try only those that are disouted or matters not
stipulated by the party.
 3. Marking of evidence /exhibits both prosecution and the defense.. One important here is
counsel may propose delimitations on the objections with respect to exhibits marked.
4. Listing of witnesses to avoid surprise. And the summary of what their testifying in the
procedding. And the probable time that witness will testify. When they are available. To
agree on trial dates.

 The prosecutor after the last testimony may offer oral evidence even in the course of the trial.
 If no rebuttal presented the cae is submitted for the resolution of the Court . court given 90
days for decision. Pero kun conviction there are post judgement remedies such as appeal. It
should be done within the period of 15 days upon the receipt of judgment or promulgation of
judgment in opena court.or motion for reconsideration or motion for new trial.

 In case of valid arrest, accused may ask a preliminary investigation within 5 days. If
warrantless arrest accused may make waiver

 Counter affidavit within 10 days unless there is obstacles to do so like finding the witnesses.

 Peliminary investigation is a function of the executive.

 If accused already custody – commitment order

 If person is at large , counsel cannot file bail. Accused must voluntary surrender first so that
that court shall have the custody over the accussed that’s the the time he may file bail not
when hes outside.

400E 287 kuratong baliling (imari)

597 e 49 ( escala)
Lacson vs 301 e 298 (Emily)
Tariaga 626 e 231-236 (franz)
Bautista 684E 521, G.r 189754 Oct 24, 2012 (ian )

Arraignment or to confront the accused. A reading of complaint in open court ina alanguage known to
him and shall pleads whether guilty or not guilty. It is mandatory proceeding. Rrecorded and a cert of
arraignment is given once he makes a plea.
Amendment or substitution
- its just a matter of form, topographic error

 4 yr 2 month 1 – mandatory of preliminary investigation unless a special law provides different

date
 Bp 22 anti-bouncing check law
GR
Criminal action take precedence over civil action.
Prejudicial question
Civil over Crimininal. Issue involve intimately related to criminal action. The determination is
determinative wether the crimininal will proceed. Usually in bigamy cases.
SC yana kailangan 1st marriage must be declared nullity first.

Art. 3
Unlike in inquestrequires law enforcement must be present
Preliminary, an inquiry or proceeding to determine whether sufficient ground to engender a well
founded belief that a crime has been committed.

Resolution to doj sec, appealable to the pres, CA, SC

His resolution is approved by head of prosecutor

SEP. 17 2021
Mobilla products vs. Umisawa
452 scra 736