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CRIMINAL PROCEDURE I. Jurisdiction a. Definition of Jurisdiction b. Requisites for valid exercise of criminal jurisdiction a.

Jurisdiction over the person b. Jurisdiction over the territory c. Jurisdiction over the subject matter c. Difference between jurisdiction and venue in criminal cases d. Elements of Jurisdiction II. Prosecution of Offenses (Rule 110) a. How criminal actions are instituted b. Effect of the institution of the criminal action on the period of prescription of the offense c. Difference between Complaint and Information d. Persons who must prosecute criminal actions e. Sufficiency of complaint or information a. Designation of Offense b. Cause of the Accusation c. Duplicity of the Offense d. Amendment or Substitution of complaint or information e. Period to amend a complaint or information f. Distinctions between amendment and substitution g. Definition of substantial amendment III. Prosecution of Civil Action (Rule 111) a. Rule on Implied Institution of Civil Action with Criminal Action b. Exceptions c. When civil action may proceed independently d. When separate civil action is suspended e. Effect of the death of accused or convict on civil action f. Rule on Prejudicial Question a. Exceptions on the Rule on Prejudicial Question IV. Preliminary Investigation (Rule 112) a. Definition of Preliminary Investigation b. When is Preliminary Investigation required c. Purposes of Preliminary Investigation d. Officers Authorized to Conduct Preliminary Investigation e. Procedure in conducting Preliminary Investigation f. Distinction between criminal investigation and preliminary investigation g. Definition of probable cause h. Difference between the determination of probable cause of fiscal from that of a judge i. Resolution of the Investigating Prosecutor j. Review k. When Warrant of Arrest may issue l. When Warrant of Arrest not necessary m. Inquest Proceedings

n. Cases not requiring Preliminary Investigation nor covered by Rule on Summary Procedure o. Remedies of accused if there was no preliminary investigation V. Arrest (Rule 113) a. Definition of Arrest b. How arrest made c. Instances of Valid Warantless Arrest d. Method of Arrest e. Requisites of Valid Warrant of Arrest a. Determination of Probable Cause for issuance of warrant of arrest VI. Bail (Rule 114) a. Definition of Bail a. Forms of Bail b. Conditions of the bail c. When bail a matter of right d. When bail a matter of discretion e. Hearing for application of bail in capital offenses f. Guidelines in fixing amount of bail g. Where bail if filed h. Forfeiture and cancellation of bail VII. Rights of the Accused (Rule 115) a. Right to due process i. Two aspects of the right to due process a. Substantive due process b. Procedural due process b. Presumption of Innocence i. Exceptions to the constitutional presumption of innocence ii. Definition of Reverse Trial c. Right to be present at the trial i. Trial in Absentia a. Requisites of a valid Trial in Absentia d. Right to Counsel e. Right to be a witness on his own behalf i. Scope of the right against self-incrimination ii. Exception f. Right of Confrontation g. Right to Compulsory Processes h. Right to Speedy, Public, and Impartial Trial VII. Arraignment and Plea (Rule 116) a. Definition of Arraignment and its importance b. How is arraignment made c. When can the accused plead guilty to a lesser offense d. When accused plead guilty to capital offense a. Definition of Search Inquiry e. Grounds for suspension of arraignment

VII. Motion to Quash (Rule 117) a. Time to move to quash b. Form required c. Grounds d. Distinguish Motion to Quash from Demurrer to Evidence e. Effects of sustaining the motion to quash f. Exception to the rule that sustaining the motion is not a bar to another prosecution g. Double Jeopardy a. Requisites h. Distinguish dismissal from aquittal i. Provisional Dismissal VIII. Pre-Trial (Rule 118) a. When is pre-trial required b. Matters to be considered during pre-trial c. Pre-trial agreement d. Non-appearance during pre-trial e. Pre-trial order IX. Trial (Rule 119) a. Time to prepare for trial b. Instances when presence of accused is required by law c. Demurrer to Evidence d. Discharge of Accused to be State Witness a. Requisites b. Effects of Discharge of accused as state witness X. Judgment (Rule 120) a. Definition b. Requisites of a judgment c. Contents of the judgment d. Promulgation of judgment e. Instances of promulgation of judgment in absentia f. Promulgation of Judgment g. How judgment modified h. Entry of judgment XI. New Trial or Reconsideration (Rule 121) a. Time to file b. Distinctions between New Trial and Reconsideration c. Grounds for New Trial d. Grounds for Reconsideration e. Effects of granting new trial or reconsideration XII. Appeal (Rule 122) a. Effects of an appeal b. Who may appeal c. Where to appeal d. How to appeal

e. Period to perfect an appeal f. Time to withdraw appeal XIII. Procedure in the Municipal Trial Courts (Rule 123) a. Rule on Summary Procedure XIV. Search and Seizures (Rule 126) a. Definition of Search Warrant b. Distinction between search warrant and warrant of arrest c. Nature of Search Warrant d. Where to apply e. Requisites for issuing search warrant f. Exceptions to search warrant requirement g. Remedies from unlawful search and seizure h. How Search Warrant is implemented i. Validity of Search Warrant XV. Provisional Remedies in Criminal Cases a. Kinds of Provisional Remedies a. Attachment b. Grounds upon which attachment may issue c.

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