PRELIMINARY CHAPTER What is criminal procedure?

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. What is criminal procedure concerned with? Criminal procedure is concerned with the procedural steps through which the criminal case passes, commencing with the initial investigation of a crime and concluding with the unconditional release of the offender. It is a generic term used to describe the network of laws and rules which govern the procedural administration of criminal justice. What are the sources of criminal procedure? 1. Spanish Law of Criminal Procedure 2. General Order No. 58, dated April 23 1900 3. Amendatory acts passed by the Philippine Commission 4.The various quasi acts, the Philippine Bill of 1902, the Jones Law of 1916, the Tydings-McDuffie Law, and the Constitution of the Philippines 5. The Rule of Court of 1940, and the 1964, 1985, and 1988 Rules on Criminal Procedure 6. Various Republic Acts (RA 240, Judiciary Act, RA 8249 creating the Sandiganbayan, Speedy Trial Act) 7. Presidential Decrees 8.1987 Constitution, particularly Art. III Bill of Rights 9. Civil Code (Art. 32, 33, 34) 10. Certain judicial decisions 11. RA 8393 The Speedy Trial Act 12. Circulars 13. The Revised Rules on Criminal Procedure (Dec 1, 2000) What are the three systems of criminal procedure? 1. Inquisitorial – the detection and prosecution of offenders are not left to the initiative of private parties but to the officialsand agents of the law. Resort is made to secret inquiry to discover the culprit, and violence and torture are often employedto extract confessions. The judge is not limited to the evidence brought before him but could proceed with his own inquirywhich was not confrontative. 2. 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 combat between the parties, the supposed offender has the right to be

tried andpunished. The essence of the accusatorialsystem is the right to be presumed innocent. What is criminal jurisdiction? 1 .Mixed – This is a combination of the inquisitorial and accusatorial systems. which hears them impartially and renders judgment only after trial. Venue is thusprocedural. it defines crimes. while criminal procedure provides how the act is to be punished. To defeat this presumption. it provides for the method by which a person accused of a crime is arrested.confronted by his accuser. treats of their nature. Distinguish jurisdiction from venue. The examination of defendants and otherpersons before the filing of the complaint or information is inquisitorial. In civil cases. How are the rules of criminal procedure construed? The rules of criminal procedure shall be liberally construed in favor of the accused and strictly against the state to even the odds infavor of the accused against whom the entire machinery of the state is mobilized.3. Criminal law declares what acts are punishable. Distinguish between criminal law and criminal procedure. venue may be waived or stipulated by the parties. Venue is defined as the particular country or geographical area in which a court with jurisdiction may hear and determine a case. Itmeans the place of trial. on theother hand.The judicial set-up in the Philippines is accusatorial or adversary in nature .It is the power of courts to hear and determine a controversy involving rights which are demandable and enforceable. the prosecution must establish proof of guiltbeyond reasonable doubt (moral certainty). What is jurisdiction? Jurisdiction (in general) is the power or authority given by the law to a court or tribunal to hear and determine certain controversies. and provides for their punishment. On the other hand. It contemplates two contending parties beforethe court. while jurisdiction is substantive. On the other hand. Thebattle in the form of a public trial is judged by a magistrate who renders a verdict. jurisdiction is the power of the court to decide the case on the merits. jurisdiction is granted by law or the Constitution and cannot be waived or stipulated. Criminal law is substantive. is remedial or procedural. Criminal procedure.