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Etymology:
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 nature of the
offense and by 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.
I. Prosecution of Offenses
How instituted?
By filing the: 1) Complaint, or 2) Information.
Complaint
A sworn written statement charging a person with an offense
Executed and Subscribed by the O.P.A.O. [Offended Party, Any peace officer, or Other public officer charged with the
enforcement of the law violated].
May be filed in the prosecutors office or directly to the court
Information
1.An accusation in writing
2. Subscribed by the Prosecutor
3.Filed with the court
Both are:
1. In writing
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.]
1. The Name of the accused
2. The Designation of the offense given by the statute
3. The Acts or omissions complained of as constituting the offense
4.The Name of the offended party
5. The Approximate date of the commission of the offense
6. The Place where the offense was committed.
A complaint or information is sufficient in substance if it doesnt contain any of the defects which is a ground for a motion
to quash. (Section 3, Rule 117)
Note:
Notes:
1. There are certain classes of offenses that cannot be prosecuted de officio 1private offenses, i.e. adultery,
concubinage, etc. and 2private libels, i.e. defamation imputing private offenses.
2. For some offenses, there are conditions precedents before plaintiff can repair to the courts for redress [i.e. those
requiring mediation at the lupong tagapamayapa]. However, non-compliance of this rule is not jurisdictional. The failure
of the plaintiff to comply with the conciliation requirement of Sec. 40 under the Local Government Code of 1991 does not
affect the Courts jurisdiction if no timely objection is made [San Miguel Village School v. Pundogar, 173 SCRA 704, Bejar
v. CA, 169 SCRA 566].
3. All criminal actions, whether commenced by filing of complaint or information, are under the direct control of the
prosecutor.
Queries:
I. A, B, C, D were charged with homicide. Preliminary investigation was conducted by the fiscal who found sufficient
evidence against all, but, according to his determination, D was the least guilty. So the fiscal filed the information only
against A, B, and C leaving out D whom he would utilize as state witness. Is the fiscal correct?
Under the Rules of Court, the fiscal cannot exclude D without court approval. It would be a grave abuse of discretion on
the part of the court in not including D in the information because of the prosecutors finding that there is sufficient
evidence against all. There was no more necessity to utilize D as a state witness.
Exeption:
Under the Witness Protection Act, the prosecutor has the discretion of discharging an accused as a state witness and no
court approval is necessary.
II. Is designation of the offense an essential element of the complaint or information? Why? Give the exception, if any.
No. Because in case of conflict between the designation of the offense and the allegations, the allegation prevails.
The exception is when the allegation is so ambiguous that it may be interpreted to mean either one or another offense,
then the designation of the offense is controlling (Case of US v. Dixon, where the designation is for trespassing but the
allegations indicates either trespassing or a possible attempted rape).
II. Prosecution of Civil Action
Basis:
Art. 100, RPC - Every person criminally liable is also civilly liable
Generally, when a person commits a crime, he offends two entities, namely:
1) The State [whose laws he violated]; and
2) The individual [whose person, right, honor, chastity, or property was actually or directly injured or damaged by the same
acts or omissions].
Exception:
When the infraction falls under the class of offenses called victimless crimes like gambling, betting on illegal cock fights,
drug addiction, prostitution, etc. etc. under the theory that the offender himself is his own victim.
Sec. 1, Rule 111 - When a criminal action is instituted, the civil action for the recovery of civil liability is deemed instituted
with the criminal action unless the offended party:
Waives the civil action;
Reserves the right to institute it separately; or
Institutes the civil action prior to the criminal action
IV. Arrest
Defined:
1. [Based on Rules of Court] The taking of a person in custody in order that he may be bound to answer for the
commission of an offense (Sec. 1, RRC)
2. [Based on Jurisprudence] A restraint on person, depriving one of his own will and liberty, binding him to become
obedient to the will of the law (Larraaga v. CA, 92 SCAD 605)
How made:
As to the manner of enforcement, by:
1) Actual restraint, or
2) Submission to the custody of the person making arrest
As to the presence or absence of judicial order:
1) By virtue of a warrant, or
2) Warrantless arrest, in cases allowed by the Rules
As to the person arresting:
1) Arrest by peace officer, or
2) Citizens arrest
When warrantless arrests allowed:
1. Inflagrante Delicto arrest when in his presence, the person to be arrested has:
Committed
1) Sight
Notes:
A. The arresting officer must have personal knowledge of the commission of the crime through his senses. He cannot
fish for evidence first and afterward make the arrest.
B. The term personal knowledge excludes hearsay as a basis for probable cause.
C. There must first be a lawful arrest before any search may be conducted. The process cannot be reversed (Dissent of
Chief Justice A. Narvasa, People v. Malmstedt). Exception: in case of valid warantless searches (Majority opinion, People
v. Malmstedt, 198 SCRA 401).
D. For purposes of arrest Officer may break into any building or enclosure where the person to be arrested is or is
reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose (Sec. 11, RRC).
E. For purposes of search and seizure he cannot break into any building or enclosure without violating the right of
privacy. Exceptions: 1) When there is consent (Dissent of Justice I. Cruz, People v. Evaristo, 216 SCRA 431). 2) When
there is a warrant.
3. Arrest of fugitives from justice persons who has escaped from a penal establishment, place of confinement etc. while
serving sentence, temporarily confined, or case is still pending may be arrested under the theory that he is engaged in
the commission of a continuing offense (Parulan v. Director of Prisons, 22 SCRA 639).
Methods of Arrest:
I. With warrant, by officer:
The officer shall inform the person of: 1) the cause of the arrest
2) fact that warrant exist
Exception: 1) When he flees or forcibly resist before 1 & 2 is completed
2) When the giving of info will imperil the arrest
II. Without warrant, by an officer and by private persons:
Inform the person of 1) authority and cause of arrest [if person arresting is police officer] or 2) intent to arrest and cause
[if person arresting is private person]
Unless when the person to be arrested is either:
1) Engaged in the commission of the offense
2) Is pursued immediately after its commission
3) Has escaped, flees or forcibly resist before the officer or the
to inform him of 1 & 2, or
4) When the giving of info would imperil the arrest
V. Bail
Kinds of bail bonds:
1. cash bond
2. property bond
3. surety bond
4. recognizance
Defined:
The security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his
appearance before any court as required under the conditions of law.
Generally:
The right to bail only accrues when a person is under custody. Court must have jurisdiction over the person of the accused
either thru: 1) arrest, with or without warrant, or 2) voluntary surrender.
Exception:
When the person under investigation cannot personally appear because he is hospitalized but applies for bail through his
counsel, he is deemed to be under the constructive custody of the law (Dinapol v. Baldado, 225 SCRA 110, Paderanga v.
CA, 247 SCRA 741).
Where to apply?
In the court where the case is pending (if not yet filed, may be filed before any court).
Conditions for bail:
See Sec. 2, Rule 114
Bail, a matter of right:
1. Before or after conviction by MTC, MTCC or MCTC
2. Before conviction by RTC of an offense not punishable by death, reclusion temporal, or life imprisonment
Bail, a matter of discretion:
1. Upon conviction of RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment.
2. Before conviction for capital offenses [punishable by death], or an offense punishable by reclusion perpetua or life
imprisonment, when evidence of guilt is not strong. (Bail is neither a matter of right nor a matter of discretion only in cases
where the evidence of guilt is strong).
Bail granted in capital offenses despite findings that evidence of guilt is strong (Cited in Cruz, Constitutional Law, 2003
Ed.):
De la Rama v. Peoples Court, 77 Phil. 461 accused was granted bail due to tuberculosis that requires confinement to
the hospital.
People v. Sison, GR 398, September 19, 1946 humanitarian reasons considered by SC.
Notes:
1. The right to bail flows from the presumption of innocence. This is so because accusation is not synonymous with guilt.
2. In deportation proceedings, bail is not a matter of right but of discretion on the part of the Commissioner of Immigration
and Deportation (Harvey v. Defensor-Santiago, 162 SCRA 398).
3. Bail is not available to military facing court martial proceedings (Commendador v. De Villa, 200 SCRA 80).
4. I extradition proceedings, bail may be granted provided the accused undertake to submit himself to the jurisdiction of
the court and provided further that he is not a flight risk (Govt. of Hong Kong v. Judge Olalia, 2007)
[PIPTEC CoSpA]
P resumed innocent
I nformed of the nature of the cause and accusation
P resent in person and by counsel
T estify in his own behalf
E xempt from being compelled to be a witness against himself
C onfront witnesses
C ompulsory process to secure attendance of witnesses and production of other evidence
S peedy, impartial and public trial
A ppeal
An accused cannot be convicted of an offense unless it is clearly charged in the compliant or information. Basic rule you
cannot prove what you did not allege.
3) To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to
promulgation of judgment.
Express or Implied waiver is renunciation to be present on that particular date only.
Escape of the accused is waiver by implication to be present on said date and all subsequent trial dates. [Fact of escape
made his failure unjustified because he has, by escaping, placed himself beyond the pale and protection of the law
(People v. Salas 143 SCRA 163, cited in Cruz, Constitutional Law, 2003 Ed.)].
Right to counsel is right to effective counsel. It is not enough to simply appoint a counsel de officio. Counsel must have no
conflict of interest. Thus, a fiscal cannot be appointed as counsel de officio.
When an accused is represented by a fake lawyer who pretended to be a member of the bar, his right to counsel is
violated, unless the accused voluntarily chose him knowing him to be a non-lawyer.
4) To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. His
silence shall not in any manner prejudice him.
5) To be exempt from being compelled to be a witness against himself.
Right to testify in his own behalf:
Once exercised, the accused is subject to limited cross-examination.
If not exercised, no inference of guilt can be derived from his silence alone.
Right against self incrimination:
Intended to shield the guilty & imprudent as well as the innocent & farsighted.
Based on public policy and humanity, otherwise, the accused will be placed on the strongest temptation to commit perjury.
Notes:
A. Prohibition covers 1testimonial compulsion and 2the production of the accused of incriminating documents and articles
demanded from him.
B. Does not include compulsion to 1submit fingerprints, 2photograph, 3blood or urine samples, and 4others requiring a
mere mechanical act on the part of the accused [Villaflor v. Summers, 41 Phil. 64, US v. Tan Teng, 23 Phil. 145,
Schemerber v. California, US L.Ed. 2d 908, 89 S CT No. 658].
6) To confront and cross-examine the witnesses against him at the trial.
Reasons:
To meet the witness face to face (Bill of Rights, 1987 Constitution)
To enable the court to judge the truthfulness, deportment, and the appearance of the witness while testifying (US v, Javier,
37 Phil 449).
Effect of absence of right to cross examine:
When there is express or implied waiver no effect
In the absence of waiver testimony of the witness cannot be considered as complete and therefore cannot form part of
the evidence against the accused.
Effect when witness dies:
Before he could take witness stand inadmissible
After giving his direct testimony but before cross examination Gen. rule: inadmissible. Exception: where the adverse
party was given adequate opportunity but failed to cross examine due to his own fault
After the defense conducted cross examination admissible
7) To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his
behalf.
Compulsory process refers to the issuance of the court of:
Sub-poena for the attendance of witnesses
Sub-poena duces tecum for the production of documents
Notes:
A. If a sub-poena or sub-poena duces tecum is issued and the person named in the sub-poena refuses to appear or
refuses to produce the required documents without justifiable reasons court has the power to declare that person in
contempt and may order his arrest. [People v. Montejo, 21 SCRA 722].
B. The coercive powers of the court must be employed in order to give meaning to this right.
8) To have speedy, impartial and public trial.
Speed:
Justice delayed is justice as denied
Impartiality:
Every party litigant is entitled to nothing less than the cold neutrality of an impartial court (Macalintal v. Judge Teh, 280
SCRA 623).
Public trial:
So that the public may see that he is fairly dealt with and not unjustly condemned in case of conviction.
So the public may know of the fact or the basis of his innocence in case of acquittal.
Note: Public trial and Trial by publicity are two different things. They are not the same. There should be a public trial,
not trial by publicity.
9) To appeal in all cases allowed and in the manner prescribed by law.
The right to appeal is a statutory right but withdrawal of this right, in the absence of a valid waiver, constitutes a denial of
due process guaranteed by the Constitution (Cruz, Constitutional Law, 2003 Ed.).
It is not a natural right or inherent one. The party who seeks to avail of the said right must comply with the requirements of
the Rules. Otherwise, the right to appeal is lost (People v. Sabellano, 198 SCRA 196)
VII. Arraignment and Plea
Arraignment: The initial step in a criminal prosecution whereby the defendant is brought before the court to hear the
charges and to enter a plea (Blacks Law Dictionary).
Venue for Arraignment and Plea:
Before the court where the complaint or information was filed or is assigned for trial.
Purpose of arraignment [Key: FIG] (14 Am. Jur., p. 939, GV Jacinto, Crim. Proc.)
1) To fix the identity of the accused
2) To inform him of the charge
3) To give the accused an opportunity to plead
Note:
In order for the Court to acquire complete jurisdiction over the person of the accused, arraignment is essential. Unless
this procedure is completed, the court cannot commence trial in absentia.
Procedure: