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1 CRIMINAL PROCEDURE
CRIMINAL
PROCEDURE
LESSON GOAL
LESSON OBJECTIVES
LESSON OBJECTIVES
LESSON OBJECTIVES
I. INTRODUCTION
COMPLAINT OR INFORMATION
General Requirements:
It shall be in writing;
In the name of the People of the Philippines;
and
Against all persons who appear to be
responsible for the offense involved.
SPECIFIC REQUIREMENTS
Complaint Information
A sworn statement; Need not be sworn to;
Subscribed by the Subscribed to by the
offended party, any fiscal; and
peace officer or other
officer charged with the
enforcement of law; and
Filed either with the court Filed with the court
or in the fiscal’s office.
SUFFICIENCY OF COMPLAINT OR
INFORMATION
Complaint or Information shall state the
following:
Name of the accused;
Designation of the offense by a statute;
Acts or omission complained of;
Name of the offended party;
Approximate time of the commission;
and
Place where it was committed.
AMENDMENT OR SUBSTITUTION
AMENDMENT OR SUBSTITUTION
Amendment Substitution
Either formal or Involves a substantial
substantial changes change
Without leave of court if Needs leave of court
before plea
No need for another PI Another PI is entailed
Refers to the same Requires or
offense charged or which presupposes that new
necessarily includes info involves a different
offense
IV. PROSECUTION OF
CIVIL ACTION
General Rule: The institution or filing of the
criminal action includes the institution of the civil
action from the offense charged.
Except in the following instances:
the offended party waives the civil
action;
he reserves his right to institute the civil
action separately; or
he institutes the civil action prior to the
criminal action.
V. PRELIMINARY INVESTIGATION
OFFICER AUTHORIZED TO
CONDUCT PI
The following are:
Provincial or City Prosecutors and their
assistants;
Judges of the Municipal Trial Courts and
Municipal Circuit Trial Courts;
National and Regional State Prosecutors; and
Other officers as may be authorized by law.
EFFECTS OF AN INCOMPLETE PI
NON-JUDICIAL FUNCTION
OF A JUDGE
When a municipal judge conducts Preliminary
Investigation. It merely binds the suspect to stand
trial. It is not a pronouncement of guilt. But, he
may issue warrant of arrest before the conclusion
of PI if:
He finds that probable cause exists;
and
There is a necessity of placing
respondent under immediate custody.
VI. ARREST
Concept of arrest:
The application of actual physical restraint or
formal declaration of arrest is required. Arrest
includes submission to the custody of the person
making the arrest. The judge may issue WOA:
Upon the filing of the information by the
prosecutor; and
Upon application of a peace officer.
Note: valid until arrest is made or the warrant is
lifted.
INVESTIGATION OFFICER BASIC COURSE
LESSON 5.1 CRIMINAL PROCEDURE
WARRANTLESS ARREST
WHEN LAWFUL
In a citizen’s arrest, for dangerous weapons
or anything which may be used as proof of the
commission of an offense, without need of a
warrant of arrest.
What constitutes an arrest in flagrante
delicto?
When in his presence, the person to be
arrested has committed, is actually committing,
or is attempting to commit an offense.
WARRANTLESS ARREST
WHEN LAWFUL
When there is a hot pursuit?
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.
The word “just” implies immediacy in point of
time.
CUSTODIAL INVESTIGATION
VII. BAIL
BAIL AS A MATTER OF
EXCEPTION
FORFEITURE OF BAIL
HOLD-DEPARTURE ORDER
General Rule:
No bail shall be allowed after the judgment
has become final, as what is left is for him to
serve the sentence.
Exception:
When he has applied for probation before
commencing to serve sentence, the penalty and
the offense being within the purview of the
Probation Law.
PLEA OF GUILTY TO A
LESSER OFFENSE
The new rule provides that the accused may
be allowed by the trial court to plead guilty to a
lesser offense which is necessarily included in
the offense charged.
But, the consent of the offended party in
allowing the accused to plead guilty to a lesser
offense is necessary.
CHANGE OF PLEA
SUSPENSION OF ARRAIGNMENT
X. MOTION TO QUASH
General Rule:
A motion to quash may be filed only by the
accused at any time before the accused enters
his plea.
Exception:
MTQ may still be filed after arraignment on the
ground that: the information charge no offense;
the offense or penalty has prescribed; or double
jeopardy.
PRESCRIPTIVE PERIOD
XI. PRE-TRIAL
XII. TRIAL
TRIAL IN ABSENTIA
SPEEDY TRIAL
ORDER OF TRIAL
DUE PROCESS
It is a must in that:
The accused is entitled to due process;
STATE WITNESS
STATE WITNESS
DEMURER TO EVIDENCE
XIII. JUDGMENT
JUDGMENT
Requisites:
Written in official language;
Personally and directly prepared by the
judge;
Signed by him; and
Contains clearly and distinctly a statement of
the facts and the law which it is based.
JUDGMENT
Contents of judgment:
Legal qualification of the offense constituted
by the acts committed by the accused;
Participation of the accused in the
commission of the offense;
The penalty imposed upon the accused; and
Civil liability or damages caused by the
wrongful act.
ACQUITTAL VS DISMISSAL
NEW TRIAL
NEW TRIAL
XV. APPEAL
APPEAL
To the CA:
When RTC exercised original jurisdiction:
File a Notice of Appeal with the RTC.
Serve a copy of the notice upon the
adverse party.
Note: When RTC exercised appellate
jurisdiction.
Follow Rule 42 on Petition for
Review
APPEAL
Sandiganbayan:
When RTC exercised original jurisdiction:
File a Notice of Appeal with the RTC.
Serve a copy of the notice upon the
adverse party.
Note: When RTC exercised appellate
jurisdiction.
Follow Rule 42 on Petition for
Review
APPEAL
Supreme Court:
Where RTC imposes reclusion perpetua or life
imprisonment:
a. File a Notice of Appeal with the RTC.
SC as provided by sec. 10 of Rule
122 for CA decisions
b. Serve a Notice upon the adverse party
WITHDRAWAL OF APPEAL
POWER OF THE CA
REVIEW ON CERTIORARI
General Rule:
Judgments of RTCs may be appealed to the
SC only by petition for review on certiorari in
accordance with Rule 45 of the Rules of Court.
Exception:
Criminal cases where penalty imposed is life
imprisonment or reclusion perpetua.
Search
It is an examination of a man’s house, building
or other premises, or of his person.
Seizure
It is the physical taking of a thing into custody
and contemplates a forcible disposition of the
owner.
PROPERTY TO BE SEIZED
Probable cause
It presupposes the introduction of competent
proof that the party against whom it is sought has
performed particular acts or committed specific
omissions violating a given provision of our
criminal laws (Stonehill v. Diokno)
SERVICE OF WARRANT
SERVICE OF WARRANT
XXI. SUMMARY
SUMMARY
END OF THE
LESSON