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:

1. 2. 3.

Subject matter cases of the general class where the proceedings in question belong as determined by the
Anature of the offense and Bthe 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

An accusation in writing Subscribed by the Prosecutor Filed with the court

Both must be: 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 xxx. A complaint or information is sufficient in form if it states: [N.D.A.N.A.P.] 1. 2. 3. 4. 5. 6. The The The The The The Name of the accused Designation of the offense given by the statute Acts or omissions complained of as constituting the offense Name of the offended party Approximate date of the commission of the offense 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: A motion to quash, once granted, is equivalent to dismissal (but not acquittal). Remedy if a complaint or information is defective: I. If defective in form a) court may dismiss the complaint or information [amendment] 1 motu propioor 2upon motion, or b) accused may move for a BILL OF PARTICULARS II. 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) Note: For certain classes of Actions, it is the tribunal having jurisdiction which automatically determines whether or not the papers are in order before giving it due course, meaning, it satisfies itself if the complaint or information is sufficient in form and in substance. Examples:

Articles of Impeachment in an impeachment proceedings Presidential Election Protest

This is not so in criminal proceedings. It is incumbent upon the accused to object on substantivedefects (People v. Bartulay, supra). Query: JP was charged for indiscriminate firing. He claimed that he has to fire his gun in self-defense because there was an actual threat on his person and the firing of warning shots was reasonably necessary in order to prevent or repel the unlawful aggression directed against him. Despite this, the fiscal went on to file the information in court. May JP claim that the information, though sufficient in form, is defective in substance? Why? No. JP cannot claim that the information is defective in substance. This is so because self -defense isnot a ground for a motion to quash but a matter of defense. If proven, self-defense is a basis foracquittal, not dismissal.

Any explanation or defense which the defendant may want to invoke can be properly raised during trial (Galvez v. CA, 237 SCRA 685). 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: 1. There are certain classes of offenses that cannot be prosecuted de officio 1 private 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.