CRIMINAL PROCEDURE SYLLABUS

1st Part
LDCU College of Law

 What is Criminal Procedure?

 What are the differences between Substantive law and Remedial law?
 Sources of Remedial Law?
 What are the limitations on the rule making power of the Supreme
Court?
 In criminal cases how is jurisdiction conferred?

What are the parameters in determining Jurisdiction of courts in criminal

cases?

Regional Trial Courts Municipal Trial Courts

Sandiganbayan
B.P. 129 B.P. 129 P.D. 1606/ R.A. No. 8249
R.A. No. 10951 R.A. No. 10951 as amended by R.A. No.
10660
Special Penal Laws Revised Rules on Specific crimes found in
regardless of penalty/ Summary Procedure R.A. No. 10660
Special Courts e.i.
Family Courts, Drugs
Court
Offenses committed by
Gov’t employees
regardless of SG
Election offenses

What are the effects of the amendments of the Revised Penal Code when R.A.
No. 10951 was enacted with respect to jurisdiction?

 Jurisdiction over the person of the accused. How acquired?

 Jurisdiction over the territory. Exceptions to the rule on territory.
 How criminal case is instituted? Distinguish complaint from Information.
 Revised rules on Summary Procedure
 Katarungan Pambarangay Law
 Continuous Trial Rule on Criminal Procedure.

Rule 126 Search Warrant

1
  What is a search warrant Section 1 Rule 126.
 Where application for search warrant may be filed Section 2 Rule 126.
Compare with application of cyber warrants. What are the kinds of cyber
warrants R.A. No. 10175, Cybercrime Prevention Act of 2012.
 Requisites for a valid search warrant Section 4 Rule 126.
 Time of making search Section 9 Rule 126.
 Validity of a search warrant Section 10 Rule 126 versus validity of a
warrant of arrest.
 What are to be seized Section 3 Rule 126.
 Receipt and Inventory of properties seized and return of the search
warrant how effected.
 People vs Sapla, G.R. No. 244045, June 16, 2020 , read also Justice
Leonen’s Concurring opinion.
 Search incidental to a lawful arrest Section 13 Rule 126

Arrest without warrant when lawful

 Section 5 Rule 113, 1)Flagrante delicto, 2)probable cause---personal

knowledge---commission and 3)escapee.
 Check points and plain view doctrine. Verdiano vs. People G.R. No.
200370 June 7, 2017. What are the consequence of an invalid
warrantless arrest?
 Buy-bust and Entrapment operations. Chain of Custody Rule. People vs.
Turematsu April 10, 2019
 Customs, Airport, Public Transport, violation of Immigration laws.
Warrantless searches and arrest.

Preliminary Investigation and Inquest Investigation Rule 112 Sections 1 to 8

 Preliminary Investigation defined. S1R112

 Who are authorized to conduct preliminary investigation S2R112
 General Procedure S3R112
 What offenses or crimes that require the conduct of preliminary
investigation S8R112 and S1par.2R112
 What is an inquest proceeding? S6Rule 112
 What are the periods under Article 125 of the Revised Penal Code.
 What happens if the criminal complaint is filed directly to the court?
What is the difference if a criminal information is filed in court?

2
  Remedy of a respondent if he cannot be subpoenaed and an information
is filed in court?
 What will the prosecutor do if respondent cannot be subpoenaed?
 What is a petition for review before the ORSP or Office of the Secretary
of Justice?

Cases: 1) Ladlad vs. Velasco June 1, 2007

2) Ocampo vs. Abando Feb. 11, 2014
3) Labay vs. Sandiganbayan July 23, 2018
4) Palacio vs. People March 18, 2019
5) Estrada vs. OMB July 31, 2018
6) People vs. Romualdez April 29, 2009
7) Quisay vs. People Jan 13, 2016
8) Ongkingco vs. Sugiyama Sept. 18, 2019
9) Salez vs. Adapon Oct. 5, 2016