CRIMINAL PROCEDURE

LEGAL
 DUE PROCESS
• The right of a person to “due process” can be found in Sec.1, Art.3 of
the 1987 Philippine Constitution which states:
• No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws
• Due process of law is a constitutional guarantee against hasty and
unsupported deprivation of some person’s life, liberty, or property by
the government. While is it true that the state can deprive its citizens of
their life, liberty, or property, it must do so in observance of due process
of law. This right is “the embodiment of the supporting idea of fair
play” and its essence is that it is “a law which hears before it condemns,
which proceeds upon inquiry and renders judgment only after trial.”
• The right is invoked when the act of the government is arbitrary,
oppressive, whimsical, or unreasonable. It is particularly directed
against the acts of executive and legislative department
• TWO ASPECTS OF DUE PROCESS
• SUBSTANTIVE
• PROCEDURAL
 SUBSTANTIVE VS PROCEDURAL
SUBSTANTIVE
• the law itself is valid, fair, reasonable,
and just. For the law to be fair and
reasonable it must have a valid
objective which is pursued in a lawful
manner. The objective of the
government is valid when it pertains to
the interest of the general public, as
distinguished from those of a particular
class. The manner of pursuing the
objective is lawful if the means
employed are reasonably necessary and
not unduly oppressive.
PROCEDURAL
• the opportunity to be heard in
which every citizen is given
the chance to defend himself
or explain his side through
the protection of general
rules of procedure. It
contemplates notice and
opportunity to be heard
before judgment is rendered.
 REQUIREMENTS OF PROCEDURAL
DUE PROCESS
JUDICIAL
•  An impartial or objective court or
tribunal with jurisdiction over the
subject matter;
• Court with jurisdiction over the
person of the defendant or the
property which is the subject of the
proceeding;
• Defendant given the opportunity
to be heard (requirement on notice
and hearing); and
• Judgment rendered after lawful
hearing.
ADMINISTRATIVE
• The right to a hearing, where a party may present evidence in
support of his case;
• The tribunal must consider the evidence presented;
• The decision of the tribunal must be supported by evidence;
• The evidence must be substantial.  Substantial evidence is such
relevant evidence as a reasonable mind might accept as adequate
to support a conclusion;
• The evidence must have been presented at the hearing, or at least
contained in the record and known to the parties affected;
• The tribunal or body or any of its judges must rely on its own
independent consideration of evidence, and not rely on the
recommendation of a subordinate; and
• The decision must state the facts and the law in such a way
that the parties are apprised of the issues involved and the
reasons for the decision.
 REQUIREMENTS OF DUE PROCESS IN
CRIMINAL PROCEEDINGS
• The   accused   must   be   heard   by   a   court   of   COMPETEnT
JURISDICTION
• He   must   have   been   proceeded   against   under   ORDERLY
PROCESSES OF THE LAW
• He may be punished only after INQUIRY AND INVESTIGATION
• There must be NOTICE to the accused
• The accused must be given an OPPORTUNITY TO BE HEARD
• Judgment   must   be   rendered   WITHIN   THE   AUTHORITY  
of constitutional law
NOTICE AND OPPORTUNITY TO BE
HEARD
NOTICE
• to inform the defendant of
the nature and character of
the case filed against him,
and more importantly, to
give him a fair opportunity
to prepare his defense.
Nevertheless, the notice is
useless without the
opportunity to be heard.
OPPORTUNITY TO BE HEARD
• a real “opportunity” to be heard. If, for
instance, a person fails to actually appear
in a hearing even though he was given
the chance to do so, a decision rendered
by the court is not in violation of due
process. Moreover, strict observance of
the rule is not necessary, especially in
administrative cases. In fact, in
administrative proceedings, notice and
hearing may be dispensed with for public
need or for practical reasons. It is also
sufficient that subsequent hearing is held
if the same was not previously satisfied
 RIGHTS OF THE ACCUSED
DURING CUSTODIAL
INVESTIGATION
• right to remain silent
• right to counsel
• right to be informed
• right to have evidence
obtained in violation of those
above rejected
WHEN IN COURT
• Right against self
incrimination
• Right to confrontation
• Right to present evidence on
his own behalf
MIRANDA RIGHTS
 MIRANDA VS ARIZONA
• On March 13, 1963, Ernesto Miranda was arrested in his house and
brought to the police station where he was questioned by police
officers in connection with a kidnapping and rape. After two hours
of interrogation, the police obtained a written confession from
Miranda. The written confession was admitted into evidence at trial
despite the objection of the defense attorney and the fact that the
police officers admitted that they had not advised Miranda of his
right to have an attorney present during the interrogation.
• Whether “statements obtained from an individual who is
subjected to custodial police interrogation” are admissible
against him in a criminal trial and whether “procedures which
assure that the individual is accorded his privilege under the
Fifth Amendment to the Constitution not to be compelled to
incriminate himself” are necessary.
• The Court held that “there can be no doubt that the Fifth
Amendment privilege is available outside of criminal court
proceedings and serves to protect persons in all settings in which
their freedom of action is curtailed in any significant way from being
compelled to incriminate themselves.” As such, “the prosecution
may not use statements, whether exculpatory or inculpatory,
stemming from custodial interrogation of the defendant unless it
demonstrates the use of procedural safeguards effective to secure
the privilege against self-incrimination. By custodial interrogation,
we mean questioning initiated by law enforcement officers after a
person has been taken into custody or otherwise deprived of his
freedom of action in any significant way.”
• The Court further held that “without proper safeguards the process
of in-custody interrogation of persons suspected or accused of crime
contains inherently compelling pressures which work to undermine
the individual’s will to resist and to compel him to speak where he
would otherwise do so freely.” Therefore, a defendant “must be
warned prior to any questioning that he has the right to remain silent,
that anything he says can be used against him in a court of law, that
he has the right to the presence of an attorney, and that if he cannot
afford an attorney one will be appointed for him prior to any
questioning if he so desires.”
MIRANDA RIGHTS
 RIGHTS OF THE ACCUSED
• Section 14, Article III deals with the rights of the accused. It
contemplates a scenario where a case has already been filed against a
person, in contrast to custodial investigations where a case may not
have been filed yet. The case filed is a criminal case, in which the parties
are the “People of the Philippines” and the “accused.” The People of the
Philippines is the complainant, while the accused is the person formally
charged of a crime or offense punishable by law.
• The right to appeal is not a constitutional right. It is a statutory right
granted by the legislature. But when it is expressly granted by law, then
it comes within the scope of due process.
• During trial, the accused has the following rights:

• Right to be presumed innocent until the contrary is proved;

• Right to be heard by himself and counsel;
• Right to be informed of the nature and cause of the accusation against him;
• Right to have a speedy, impartial, and public trial;
• Right to meet the witnesses face to face; and
• Right to have compulsory process to secure the attendance of witnesses and
the production of evidence in his behalf.
 Right to be Presumed Innocent
• It is better that ten guilty persons escape than that one innocent suffer
(BLACKSTONE RATIO)
• The right refers to the constitutional guarantee that the accused
should be treated as if innocent until he is proven guilty beyond
reasonable doubt.
• It is based on the fundamental procedural rule that the court must
hear first before it condemns
• It is the prosecution who has the burden of overcoming the
presumption of innocence. It should rely on its own merits and not on
the weakness of the defense
• The presumption of innocence is overcome by proof beyond reasonable
doubt. Proof beyond reasonable doubt means that the court is morally
certain that the accused is guilty of the crime, so that if there is
reasonable doubt that lurks in the mind of the judge, the accused must
be acquitted
• The certainty required by law is not absolute certainty but moral
certainty as to every proposition of proof requisite to constitute the
offense
 Right to be Heard by Himself and
Counsel         
• The right to be heard refers to all the mechanisms afforded to the
accused during the criminal proceedings. It is a safeguard against
prejudicial and partial judgments by the courts, as well as a guarantee
that the accused be given an opportunity to participate during trial in
defense of himself
• Participation of the accused in the right to be heard includes three
specific rights: (a) the right to present evidence and to be present at
the trial; (b) the right to be assisted by counsel; and (c) the right to
compulsory process to compel the attendance of witnesses in his
behalf.
• The right of the accused to counsel is based on the reason that only a
lawyer has a substantial knowledge of the rules of evidence, and a
non-lawyer, in spite of his education in life, may not be aware of the
intricacies of law and procedure. Depriving a person of such right
constitutes violation of due process
• Included in the right to counsel is the duty of the court to inform the
accused of his right to counsel before arraignment and to give a counsel in
case the accused cannot afford the services of one. The counsel representing
the accused must be independent and competent
 Right to be Informed of Nature and
Cause of Accusation

• Complied with by the arraignment of the accused in which he is

informed by the court of the offense charged to which the accused either
pleads guilty of not guilty.
• The allegations in the complaint and not the title of the case determines the
nature of the offense
 Right to Speedy, Impartial and Public
Trial
• Right to impartial trial primarily requires that the judge who sits in
the case must be objective and renders a decision based on the
cold neutrality of the evidence presented
• Right to speedy trial is based on the maxim that “justice delayed is
justice denied
• Right to public trial demands that the proceedings be conducted in
such a way that the public may know what transpires during the
trial. It is not necessary that the entire public can witness the
proceedings; it is enough that the relatives and friends of the
interested parties are accommodated in the trial venue
Right to Meet the Witnesses Face-to-Face

• The right to confrontation enables the accused to test the

credibility of the witnesses. The right is reinforced under the
rules of criminal procedure by the so-called cross-examination
 Right to Compulsory Process
• When the person sought to testify is uncooperative or just
afraid of court-related actions, the remedy of subpoena ad
testificandum may be availed to compel the person to testify.
When relevant documents are needed but the holder thereof
refuses to produce them, the remedy of subpoena duces
tecum may be availed of to compel the production of the same
 Right to be Present
• The accused has the right to be present at all stages of trial,
from arraignment to rendition of judgment, in order that he
may be informed of what transpires in every stage of the
proceedings, to guard himself from technical blunders, and
ultimately, to fully defend himself from the accusation against
him. Thus, it is again an incident of criminal due process
• In as much as it is a right, may be waived by the accused. For
as long as it does not prejudice others, rights may be waived
by its possessor
WHEN IS THE RIGHT TO BE PRESENT
AT TRIAL MANDATORY

• During arraignment and plea; 

• When he is to be identified;
• During the promulgation of judgment, except when it is for a
light offense
 RIGHT TO SPEEDY DISPOSITION OF
CASES
• All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.
• Unlike the right to speedy trial which applies only in criminal
proceedings, the right to speedy disposition of cases may be
invoked in all cases, whether judicial, quasi-judicial, or
administrative. Thus, right to speedy disposition of cases is broader
than right to speedy trial.
 RIGHT AGAINST SELF-
INCRIMINATION
• Sec. 17, Art. 3 of the 1987 Phil. Constitution provides the following:
• “no person shall be compelled to be a witness against himself”
• The right allows a person not to answer an incriminating question
• The right is available in all government proceedings, whether criminal or
civil, and whether judicial or quasi-judicial or administrative. It is even
available in legislative investigations and impeachment proceedings
•  It is not automatically operational once an incriminating question is
asked. It must be properly invoked by objecting to an incriminating
question
• In criminal proceedings what is prohibited is physical or moral
compulsion to extort communication from the accused
KATARUNGANG PAMBARANGAY
LAW
 BACKGROUND
• The Katarungang Pambaranggay Law is not a novel procedure in
handling disputes between persons
• The account of Fr. Juan de Plascencia on the Customs of the Tagalog
gave us a clear overview of the process of handling disputes between
natives in this wise:
• “Investigations made and sentences passed by the dato must take place in the presence
of those of his barangay. If any of the litigants felt himself aggrieved, an arbiter was
unanimously named from another village or barangay, whether he were a dato or not;
since they had for this purpose some persons, known as fair and just men, who were
said to give true judgment according to their customs. If the controversy lay between
two chiefs, when they wished to avoid war, they also convoked judges to act as arbiters;
they did the same if the disputants belonged to two different barangays. In this
ceremony they always had to drink, the plaintiff inviting the others.”
• This system of amicably settling disputes continued during the Spanish regime,
although informally and in limited extent, with the Cabeza de Barangay acting as
the datu. However, the cabeza de barangay only plays minor magisterial authority
as it was the primary duty of gobernadorcillos (municipal magistrates) to settle
civil cases arising between and among Indios (as the natives were called), Chinese
mestizos and Chinese. Upon the arrival, however, of the Americans, this system of
settling disputes were put to a stop due to the imposition of the American justice
system which is adversarial in nature
• On June 11, 1978, then President Ferdinand Marcos enacted Presidential Decree
No. 1508, establishing the Katarungang Pambaranggay Law. The KPL is an
extrajudicial system wherein disputes and minor civil and criminal cases are
settled within the barangay for speedy disposition of justice and also to minimize
referral of such cases to the court.[3]  Under PD 1508, a Lupong Tagapamayapa,
consisting of the Barangay chief and 10 other members, was created to primarily
facilitate resolution of disputes and settling complaints within the community.
• A few years thereafter, the KPL was then incorporated under RA 7160, or what is
more commonly known as the Local Government Code of 1991
 MEMBERS OF THE LUPON AND
PANGKAT
• composed of 10-20 members with a Punong Barangay (Barangay
Captain) as chair and a secretary
• Barangay Captain selects the Lupon, and any barangay resident
possessing "integrity, impartiality, independence of mind, sense of
fairness, and reputation for probity" may be appointed as a member
• The Lupon is not equivalent to the Pangkat Tagapagkasundo, as the
former exercises a wider range of functions than the latter. Though the
same may conduct mediation proceedings
• The Pangkat is composed of 3 members chosen from the Lupon and has
the primary function to conduct mediation proceedings
 VENUE
• Sec 409 of the LGC provides for the following places where an injured party may
seek the services of the barangay for mediation purposes:
• Disputes between persons actually residing in the same barangay shall be brought for
amicable settlement before the lupon of said barangay.
• Those involving actual residents of different barangays within the same city or municipality
shall be brought in the barangay where the respondent or any of the respondents actually
resides, at the election of the complainant.
• All disputes involving real property or any interest therein shall be brought in the barangay
where the real property or the larger portion thereof is situated.
• Those arising at the workplace where the contending parties are employed or at the institution
where such parties are enrolled for study, shall be brought in the barangay where such
workplace or institution is located.
• Objections to venue shall be raised in the mediation proceedings before the punong
barangay; otherwise, the same shall be deemed waived. Any legal question which
may confront the punong barangay in resolving objections to venue herein referred
to may be submitted to the Secretary of Justice or his duly designated
representative, whose ruling thereon shall be binding.
JURISDICTION
• The KPL did not expressly state the type of cases that may fall under its
jurisdiction. It, however, enumerated several cases that is not covered by the KPL
• Cases not covered:
• Where one party is the government, or any subdivision or instrumentality thereof;
• Where one party is a public officer or employee, and the dispute relates to the performance
of his official functions;
• Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five
thousand pesos (P5,000.00);
• Offenses where there is no private offended party;
• Where the dispute involves real properties located in different cities or municipalities unless
the parties thereto agree to submit their differences to amicable settlement by an appropriate
lupon;
• Disputes involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each other and the parties thereto
agree to submit their differences to amicable settlement by an appropriate lupon;
• Such other classes of disputes which the President may determine in the interest of justice or
upon the recommendation of the Secretary of Justice.
• The Pangkat is to arrive at a settlement or resolution of the dispute
within fifteen days from the day it convenes. This period, at the
discretion of the Pangkat, can be extended for another period which
does not exceed fifteen days. In clearly meritorious cases, a longer
period may be se
• All proceedings for settlement are public and informal. That is, the
proceedings are conducted in a relaxed, even friendly, atmosphere and
they are not bound by rigid or technical rules of court procedure.
However, in certain cases, the Lupon chairman or Pangkat chairman
may exclude the public from the proceedings in the interest of privacy,
decency, or public morals
• In all katarungang pambarangay proceedings, the parties must appear
in person without the assistance of counsel or representative, except for
minors and incompetents who may be assisted by their next-of-kin who
are not lawyers.
 PROCEDURE
• Any individual who has a cause of action against another individual
involving any matter within the authority of the Lupon first pays a
small filing fee. Subsequently, he or she complains orally or in writing
to the Lupon chairman of the barangay
• In the next working day, the Lupon chairman notifies the respondent(s)
about the complaint and tells the respondent(s), the witnesses, and the
complainant to appear before him for a mediation within three days. If
the chairman fails to arrive at an amicable settlement between the
parties, he transmits the case to the pangkat
• The Pangkat convenes no more than three days from its constitution, at
the time set by the Lupon chairman, to hear both parties and their
witnesses, to simplify the issues, and to explore all possibilities for
amicable settlement
• The Pangkat is to arrive at a settlement or resolution of the dispute
within fifteen days from the day it convenes. This period, at the
discretion of the Pangkat, can be extended for another period which
does not exceed fifteen days. In clearly meritorious cases, a longer
period may be set.
• Once there is a mediated settlement, it is written in a language or
dialect known to the parties, signed by the parties, and confirmed in
writing by the Lupon chairman or Pangkat chairman. This signed
settlement has the force and effect of a final judgment of a court after
ten days, unless either party repudiates the settlement or files a
petition to nullify the award before the proper city or municipal court.
 CIRCULAR NO. 14-93 July 15, 1993
• Issued on July 15, 1993, it directed trial courts to examine whether a case filed before has complied
with the provisions of the KPL
• As such, it strengthened the KPL in the sense that barangay conciliation proceedings are now
mandatory before a case is filed in court, save under certain exceptions
• Under the said circular, All complaints and/or informations filed or raffled to the sala/branch of the
Regional Trial Court shall be carefully read and scrutinized to determine if there has been compliance
with prior Barangay conciliation procedure under the Revised Katarungang Pambarangay Law and
its Implementing Rules and Regulations, as a pre-condition to judicial action, particularly whether the
certification to file action attached to the records of the case comply with the requirements
• A case filed in court without compliance with prior Barangay conciliation which is a pre-condition for
formal adjudication (Sec. 412 [a] of the Revised Katarungang Pambarangay Law) may be dismissed
upon motion of defendant/s, not for lack of jurisdiction of the court but for failure to state a cause of
action or prematurity (Royales vs. IAC, 127 SCRA 470; Gonzales vs. CA, 151 SCRA 289), or the court
may suspend proceedings upon petition of any party under Sec. 1, Rule 21 of the Rules of Court; and
refer the case motu proprio to the appropriate Barangay authority,  
 RULE 110 – PROSECUTION OF OFFENSES
• TWO WAYS TO INSTITUTE CRIMINAL ACTIONS:

• FOR OFFENSES WHERE A PRELIMINARY INVESTIGATION IS REQUIRED, BY THE FILING OF THE PROPER
COMPLAINT WITH THE PROSECUTOR’S OFFICE FOR THE PURPOSE OF CONDUCTING THE REQUIRED
PRELIMINARY INVESTIGATION

• FOR OFFENSES NOT COVERED BY PRELIMINARY INVESTIGATION, BY THE FILING OF THE COMPLAINT
WITH THE MUNICIPAL TRIAL COURT OR MUNICIPAL CIRCUIT TRIAL COURTS. IN CASE THAT THE OFFENSE
OCCURRED IN METRO MANILA OR OTHER CHARTERED CITY, THE COMPLAINT MAY BE FILED ITH THE
OFFICE OF THE PROSECUTOR UNLESS OTHERWISE PROVIDED

 
 PRELIMINARY INVESTIGATION
• 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 7 of Rule 112, 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
 COMPLAINT VS INFORMATION
COMPLAINT
• 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
• A complaint shall always be under the name of
the private offended party. If the complainant is
a corporation, then the complainant shall be in
the name of the corporation, with the name of
the authorized representative
• the complaint shall always be prepared by the
complainant
INFORMATION
• an accusation in writing charging a person
with an offense, subscribed by the
prosecutor and filed with the court
• The information shall be under the name of
the People of the Philippines, as the
complainant,charging the accused of the
crime violated
• The information shall be prepared by the
prosecutor or any peace officer, if the case
did not undergo a regular preliminary
investigation
CONTENTS OF A
COMPLAINT/INFORMATION
• Name and personal circumstances of the complainant
• Name of the accused
• Designation of the offense as defined by the statute
• Acts complained of constituting the offense
• The approximate date and time of the commission of the offense
• The place where the offense was committed
 NAME OF THE ACCUSED
• name and surname of the accused or any appellation or nickname by which
he has been or is known. If his name cannot be ascertained, he must be
described under a fictitious name with a statement that his true name is
unknown
• If the true name of the accused is thereafter disclosed by him or appears in
some other manner to the court, such true name shall be inserted in the
complaint or information and record
• The names of all the accused in the commission of the crime must be
included in the complaint or information
 DESIGNATION OF THE OFFENSE
• Allegations which constitute the offense itself
• Inclusion of all available special or qualifying aggravating circumstances
• Inclusion of the specific provision of law being violated, if the allegations are
insufficient to directly point to the offense being charged
• Remember that the allegations in the complaint or information must be stated in
an ordinary or concise language and not by the terms as mentioned in the statute
• It is also important that the allegations in the complaint or information be
understood by the respondent or the accused. If not, then the accused may raise
as a defense the violation of his due process rights, particularly the right to notice
 PLACE AND TIME OF COMMISSION
• As to the date of the commission of the offense, the complaint or information
need not state the exact date of the commission of the offense. The complaint
or information is sufficient as to date if an estimate is given
• An estimated date of the commission of the crime is needed in order to determine
whether the period to file a complaint has already prescribed or not
• As to time, it is only relevant in order to determine whether the offense was
committed with the aggravating circumstance of night time
• Careful consideration, however, should be taken in alleging the place of the
commission of the crime. Remember that in criminal cases, venue is
jurisdictional. The jurisdiction of criminal cases will depend on where any of the
material elements of the crime is committed, unless the particular place is an
essential element of the crime
 NAME OF THE OFFENDED PARTY
• In offenses against property, if the name of the offended party is unknown,
the property must be described with such particularity as to properly identify
the offense charged
•  If the true name of the of the person against whom or against whose properly
the offense was committed is thereafter disclosed or ascertained, the court
must cause the true name to be inserted in the complaint or information and
the record
• If the offended party is a juridical person, it is sufficient to state its name, or
any name or designation by which it is known or by which it may be identified,
without need of averring that it is a juridical person or that it is organized in
accordance with law.
 WHO MUST PROSECUTE CRIMINAL
ACTIONS
• All criminal actions either commenced by complaint or by information shall be
prosecuted under the direction and control of a public prosecutor
• The crimes of adultery and concubinage shall not be prosecuted except upon a
complaint filed by the offended spouse. The offended party cannot institute
criminal prosecution without including the guilty parties, if both alive, nor, in any
case, if the offended party has consented to the offense or pardoned the offenders
• The offenses of seduction, abduction and acts of lasciviousness shall not be
prosecuted except upon a complaint filed by the offended party or her parents,
grandparents or guardian, nor, in any case, if the offender has been expressly
pardoned by any of them. If the offended party dies or becomes incapacitated
before she can file the complaint, and she has no known parents, grandparents or
guardian, the State shall initiate the criminal action in her behalf.
• The offended party, even if a minor, has the right to initiate the prosecution
of the offenses of seduction, abduction and acts of lasciviousness
independently of her parents, grandparents, or guardian, unless she is
incompetent or incapable of doing so. Where the offended party, who is a
minor, fails to file the complaint, her parents, grandparents, or guardian may
file the same. The right to file the action granted to parents, grandparents or
guardian shall be exclusive of all other persons and shall be exercised
successively in the order provided by law
• No criminal action for defamation which consists in the imputation of the
offenses mentioned above shall be brought except at the instance of and
upon complaint filed by the offended party
• The prosecution for violation of special laws shall be governed by the
provisions thereof
 RA 7610 (ANTI – CHILD ABUSE LAW)
• Sec. 27. Who May File a Complaint. – Complaints on cases of unlawful acts
committed against the children as enumerated herein may be filed by the following:
• Offended party;
• Parents or guardians;
• Ascendant or collateral relative within the third degree of consanguinity;
• Officer, social worker or representative of a licensed child-caring institution;
• Officer or social worker of the Department of Social Welfare and Development;
• Barangay chairman; or
• At least three (3) concerned responsible citizens where the violation occurred.
 PRACTICAL EXERCISES
• DRAFT THE NECESSARY COMPLAINT BASED ON THE FACTS
PRESENTED
• TAKE INTO CONSIDERATION THE REQUIREMENTS UNDER RULE
110, THE ELEMENTS OF THE CRIME, AS WELL AS APPLICATION OF
THE KATARUNGANG PAMBARANGAY LAW, AS WELL AS THE
PRESCRIPTION OF ACTIONS
• KINDLY CHECK YOUR LMS.
RESOURCES
• Crime, society and the state in the 19th Century Philippines by
Greg Bankoff. Ateneo de Manila University Press © 1996,
pp99-100
• https://www.lawphil.net/courts/supreme/ac/ac_14_1993.html
• https://brgyjustice.wordpress.com/category/history/
• https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?
article=1556&context=jdr