CRIMINAL PROCEDURE

AND COURT TESTIMONY

Prepared by: Ms. Jhemielen T. Tan / RCRIM, LPT
Criminal Justice Education Department
PRELIM
 AN INTRODUCTION
TO CRIMINAL PROCEDURE
 AN INTRODUCTION TO CRIMINAL
PROCEDURE
Compare Criminal Law and Criminal Procedure
• Criminal Law = generally defines the rights and obligations of individuals in society. Some
common issues in criminal law are the elements of specific crimes and the elements of various criminal
defenses.

• Criminal Procedure = generally concerns the enforcement of individuals’ rights during the
criminal process. Examples of procedural issues are individuals’ rights during law enforcement
investigation, arrest, filing of charges, trial, and appeal.
 WHAT IS CRIMINAL
•
PROCEDURE ?
Etymology: Krimea [Greek]: meaning, “to charge a wrongdoing”

Criminal Procedure
 The method prescribed by law for the apprehension and prosecution of persons accused of any criminal
offense, and their punishment, in case of conviction.

 It is concerned with the procedural steps through which a 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.
• Criminal Jurisdiction
 The authority to hear and decide a particular offense and impose punishment for it.

It has three requisites, namely:

• Subject Matter = cases of the general class where the proceedings in question belong as
determined by the 1 nature of the offense and 2 the penalty imposed by law;

• Territory = the geographical limits of the territory over which the court presides and where
the offense was committed; and

• Person of the accused = acquired thru:

a) arrest [with warrant or warrantless ] or
b) voluntary surrender.
 RULE 110 - PROSECUTION OF OFFENSES
I. Prosecution of Offenses
How instituted?
By filing the: 1) Complaint, or 2) Information.

Complaint Information
 A sworn written statement charging a person with an offense
 An accusation in writing
 Executed and Subscribed by the O.P.A.O. [ Offended Party, Any peace
 Subscribed by the Prosecutor
officer, or Other public officer charged with the enforcement of the law
violated].  Filed with the court
 May be filed in the prosecutors office or directly to the court
 COMPLAINT AND
Both are: 1. In writing INFORMATION
2. In the name of the People of the Philippines
3. Directed against all persons who appear to be responsible for the offense involved.
 
Elements of a complaint or information:
1) Formal elements, and
2) Substantive elements.
 
It must be: 1) Sufficient in form, and
2) Sufficient in substance
 

Thus, under Section 14, of Rule 110, a complaint or information may be amended, in form and in
substance.
A complaint or information is sufficient in form if it states: [N.D.A.N.A.P.]

• The Name of the accused

• The Designation of the offense given by the statute
• The Acts or omissions complained of as constituting the offense
• The Name of the offended party
• The Approximate date of the commission of the offense
• The Place where the offense was committed.
 COMPLAINT AND INFORMATION
A complaint or information is sufficient in substance if it doesn’t contain any of the
defects which is a ground for a motion to quash.

(Section 3, Rule 117)

 
Note:
A motion to quash, once granted, is equivalent to dismissal (but not
acquittal).
 RULE 117 - MOTION TO
•
QUASH
Section 1. Time to move to quash – At any time before entering his plea, the accused may
move to quash the complaint or information.

• Sec. 2. Form and contents – The motion to quash shall be in writing, signed by the accused
or his counsel and shall distinctly specify its factual and legal grounds.

 The court shall consider no ground other than those stated in the motion, except lack of
jurisdiction over the offense charged.
• Sec. 3. Grounds. – The accused may move to quash the complaint or information
on any of the following grounds:

1) That the facts charged do not constitute an offense;

2) That the court trying the case has no jurisdiction over the offense charged;

3) That the court trying the case has no jurisdiction over the person of the accused;

4) That the officer who filed the information had no authority to do so;

5) That it does not conform substantially to the prescribed form;

6) That more than one offense is charged except when a single punishment for various offenses is prescribed by law;

7) That the criminal action or liability has been extinguished;

8) That it contains averments which, if true, would constitute a legal excuse or justification; and

9) That the accused has been previously convicted or acquitted of the offense charged, or the case against him was
dismissed or otherwise terminated without his express consent.
Remedy if a complaint or information is defective:
1) If defective in form
a) court may dismiss the complaint or information [amendment] motu propio (“on one's own initiative”) or upon
motion, or
b) accused may move for a BILL OF PARTICULARS = written document in which a party has to explain the
allegations in his/her complaint, or petition, in more detail.

2) If defective in substance

 No obligation is imposed on the judge to point out the duplicitousness or other defect in the indictment on
which an accused is being arraigned. It is for the accused to move for a motion to quash on the ground that
the complaint or information charges more than one offense, under sanction of waiver and loss of ground of
objection (Concurring opinion of CJ Narvasa, People v. Bartulay, 192 SCRA 632)
Distinction between Acquittal and Dismissal:

1. Acquittal is based on MERITS of the case (substantive)

Ex: accused A was found innocent of killing B.

2. Dismissal is based on TECHNICALITY (procedural)

Ex: the crime has already prescribed.

Notes:
There are certain classes of offenses that cannot be prosecuted de officio –

1. private offenses, i.e. adultery, concubinage, etc. and

2. private libels, i.e. defamation imputing private offenses.