Professional Documents
Culture Documents
Criminal procedure is the method fixed by law for the apprehension and prosecution of one
who is charged with a criminal offense and for his punishment if found guilty.1
[A] GENERAL MATTERS
1. Jurisdiction over subject matter vs. jurisdiction over person of the accused
OVER SUBJECT MATTER
Derived from the law; can never be acquired
solely by consent of the accused
Objection that the court has no jurisdiction
over the subject matter may be made at any
stage of the proceeding; the right to make
such objection is never waived
petitions of similar nature, including quo warranto arising or that may arise in cases
filed or under EOs 1, 2, 14, and 14-A, s. 1986
Exclusive Appellate
1. By appeal:
(a) From the Regional Trial Courts in all criminal cases involving offenses for which the
penalty is reclusion perpetua or life imprisonment, and those involving other offenses
which, although not so punished, arose out of the same occurrence of which may
have been committed by the accused on the same occasion
(b) Automatic review in criminal cases where the death penalty is imposed
2. By petition for review on certiorari:
(a) From the Court of Appeals
(b) From the Sandiganbayan
(c) From the Regional Trial Courts where only an error or question of law is involved
1.
2.
1.
2.
COURT OF APPEALS
Original
Exclusive: actions for annulment of judgments of the Regional Trial Courts
Concurrent:
(a) With the Supreme Court: petitions for certiorari, prohibition, and mandamus against
the Regional Trial Courts
(b) With the Supreme Court and Regional Trial Courts: petitions for certiorari, prohibition,
and mandamus against the lower courts
Exclusive Appellate
By appeal: from the Regional Trial Courts in cases commenced therein, except those
appealable to the Supreme Court or the Sandiganbayan
By petition for review: from the Regional Trial Courts in cases appealed thereto from the
lower courts and not appealable to the Sandiganbayan
SANDIGANBAYAN
Original
1. Exclusive:
(a) Violations of R.A. 3019, as amended (Anti-Graft and Corrupt Practices Act), R.A.
1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where
one or more of the accused are officials occupying the following positions in
government, whether in permanent, acting, or interim capacity, at the time of the
commission of the offense:
i. Officials of the executive branch occupying the positions of regional director or
higher, otherwise classified as Grade 27 and higher under R.A. 6758
(Compensation and Position Classification Act of 1989), specifically including:
Provincial governors, vice-governors, members of the sangguniang
panlalawigan, and provincial treasurers, assessors, engineers, and other
provincial department heads
City mayors, vice-mayors, members of the sangguniang panlungsod, city
treasurers, assessors, engineers, and other city department heads
Officials of the diplomatic service occupying the position of consul and higher
Philippine army and air force colonels, naval captains, and all officers of higher
rank
Officers of the Philippine National Police while occupying the position of
provincial director and those holding the rank of senior superintendent or
higher
City and provincial prosecutors and their assistants, and officials and
prosecutors in the Office of the Ombudsman and special prosecutors
Presidents, directors or trustees, or manages of government-owned or
controlled corporations, state universities, or educational institutions or
foundations
ii. Members of Congress and officials thereof classified as Grade 27 and up under
R.A. 6758
iii. Members of the Judiciary without prejudice to the provisions of the Constitution
iv. Chairmen and members of constitutional commissions, without prejudice to the
provisions of the Constitution
v. All other national and local officials classified as Grade 27 and higher under R.A.
6758
(b) Other offenses or felonies whether simple of complexed with other crimes committed
in relation to their office by the above-mentioned public officials and employees5
(c) Civil and criminal cases filed pursuant to and in connection with EOs 1, 2, 14, and 14A, s. 1986
Provided, that the information (a) alleges any damage to the government or any
bribery; or (b) alleges damage to the government or bribery arising from the same
or closely related transactions/acts in an amount exceeding P1,000,0006
2. Concurrent:
(a) With the Supreme Court: petitions for mandamus, prohibition, certiorari, habeas
corpus, injunctions, and ancillary writs in aid of its appellate jurisdiction and over
petitions of similar nature, including quo warranto arising or that may arise in cases
filed or under EOs 1, 2, 14, and 14-A, s. 1986
Exclusive Appellate
1. By appeal: from the Regional Trial Courts in cases under P.D. 1606, as amended by P.D.
1861, whether the cases were decided by them in the exercise of their original or
appellate jurisdiction
REGIONAL TRIAL COURTS
Exclusive Original
1. All criminal cases not within the exclusive jurisdiction of any court/tribunal/body
2. Cases otherwise within the exclusive original jurisdiction of the Sandiganbayan, where
the information (a) does not allege any damage to the government or any bribery; or (b)
alleges damage to the government or bribery arising from the same or closely related
transactions or acts in an amount not exceeding P1,000,0007
Exclusive Appellate
All cases decided by lower courts in their respective territorial jurisdictions
METROPOLITAN, MUNICIPAL, AND MUNICIPAL CIRCUIT TRIAL COURTS
1.
2.
3.
1.
2.
3.
4.
Exclusive Original
All violations of city or municipal ordinances committed within their respective territorial
jurisdictions
All offenses punishable with imprisonment of not more than 6 years irrespective of the
amount of fine, and in all cases of damage to property through criminal negligence,
regardless of other penalties and the civil liabilities arising therefrom
All offenses (except violations of R.A. 3018, R.A. 1379, and Arts. 210 to 2012, RPC)
committed by public officers and employees in relation to their office, including those
employed in government-owned or controlled corporations, and by private individuals
charged as co-principals, accomplices or accessories, punishable with imprisonment of
not more than 6 years or where none of the accused holds a position of Salary Grade 27
and higher
Summary Procedure
Traffic violations
Violations of the rental law
Violations of city or municipal ordinances
All other offenses where the penalty does not exceed 6 months imprisonment and/or
P1,000 fine, irrespective of other penalties or civil liabilities arising therefrom, and in
offenses involving damage to property through criminal negligence where the imposable
fine does not exceed P10,000
INFORMATION
An accusation in writing charging a person
with an offense, subscribed by the prosecutor
and filed with the court16
(4) The court must state its reason in resolving the motion
(5) Copies of the courts resolution should be furnished all
parties, especially the offended party
(d) Amendment after plea: only formal amendments may be made but with
leave of court and when it can be done without causing prejudice to the
rights of the accused
Test of prejudice: (1) when the defense of the accused under the
complaint or information as it originally stood would no longer be
available after the amendment is made; and (2) when any evidence
the accused might have would be inapplicable to the complaint or
information as amended29
(e) Substitution is the dismissal of the original complaint or information upon
the filing of a new one charging the proper offense, provided the following
concur:
No judgment has yet been rendered
The accused cannot be convicted of the offense charged or of any
other offense necessarily included therein
The accused would not be placed in double jeopardy30
(f) Amendment and substitution, distinguished:
AMENDMENT
SUBSTITUTION
May involve either formal or substantial Involves a substantial change from
changes
original charge
Amendment before plea can be effected Must be with leave of court as the orig
without leave of court
information has to be dismissed
Amendment as to form will not require Substitution of the information entails anot
another preliminary investigation and preliminary investigation and plea to the n
retaking of plea of the accused
information
An amended information refers to the same Requires or presupposes that the n
offense charged in the original information or information involves a different offense wh
to an offense which necessarily includes or does not include or is not necessa
is necessarily included in the original included in the original charge; hence,
charge, hence substantial amendments to accused cannot claim double jeopardy
the information after the plea has been
taken cannot be made over the objection of
the accused, for if the original would be
withdrawn, the accused could invoke double
jeopardy
9. Venue of criminal actions
GR:
the court of the municipality or territory where the offense was committed
or any of its essential elements occurred.
XPN: (1) An offense was committed on a railroad train, in an aircraft, or
in any other public or private vehicle in the course of its trip: in
the court of any municipality or territory where such train, aircraft, or
other vehicle passed during such trip, including the place of
departure and arrival
(2) An offense is committed on board a vessel on its voyage: in the
proper court of the first port of entry or of any municipality or territory
through which the vessel passed during such voyage, subject to
generally accepted principles of international law
(3) Art. 2, RPC: in the proper court where the criminal action was first
filed
(4) Continuous or transitory crimes: in the court of any jurisdiction
wherever the offender may be found, but the complainant should
allege that the offense was committed within the jurisdiction of the
court
(5) Piracy: triable anywhere
(6) Libel: in the court of the city or municipality where
(a) The libelous article was printed and first published;
(b) If one of the offended parties is a private individual, where said
private individual actually resides at the time of the commission
of the offense;
(c) If the offended party is a public official, where the official holds
office at the time of the commission of the offense
(7) B.P. 22 cases: in the court of the place where the check was
dishonored
Re: crossed check: the place of the depositary or collecting
bank
10. Intervention of offended party
GR:
When a criminal action is instituted, the civil action for the recovery of civil
action [XPN: when the civil action is waived, reserved, or instituted prior to the
institution of the criminal action]
(d) Accused died after final appeal39
Pecuniary liabilities of the accused are not extinguished
Claims shall be filed against the estate of the accused
Independent civil actions and those filed to enforce liability from
other sources of obligation may be filed against (1) the estate
or legal representative of the accused after proper
representation, or (2) against said estate, as the case may be40
5. Prejudicial question
(a) Definition: a question which arises in a case the resolution of which is a
logical antecedent of the issue(s) involved in said cases, and the
cognizance of which pertains to another tribunal41
(b) Elements:
Two actions: one civil, one criminal
Re: where one of the proceedings is administrative:
GR:
No prejudicial question, as it is essential that a civil
case and a criminal case are involved for the principle
to apply
XPN: (1) The acquittal of a civil service employee in a
malversation case entitles him to exoneration in the
administrative case based on the same acts
involved in the criminal action 42 in view of the civil
service guaranty that he cannot be removed except
for cause43
(2) Where an administrative case was filed against
policemen who filed a civil action for damages
RULE(S)
PROBABLE CAUSE
Probable cause is the existence of such facts and circumstances as would excite the belief,
in a reasonable mind, (a) [executive determination] acting on the facts within the
knowledge of the prosecutor, that the person charged was guilty of the crime for
which he was prosecuted;56 or (b) [judicial determination] that a crime has been
committed and that it was likely committed by the person sought to be arrested.57
Executive
determination of
probable cause
Filing of
information or
dismissal of
charge against
respondent
Judicial
determination of
probable cause
51 MENTAL is the most commonly used mnemonic for the different kinds of damages
52 Note 31, supra
53 Item No. 2, SC Circular No. 57-97
54 Note 31, supra
55 Ibid.
56 Unilever vs. Tan (G.R. No. 179367, January 29, 2014)
57 Clay & Feather International vs. Lichaytoo (G.R. No. 193105, May 30, 2011)
Issuance of
warrant of arrest
(or commitment
order)
STEP 1
STEP 2
STEP
3A
STEP
INVESTIGATION PROPER
[Optional] Within 10 days from submission of counteraffidavit,
the
investigating
prosecutor
may
set
CLARIFICATORY HEARING but only if there are
facts/issues to be clarified from a party or a witness
Either way, when investigation terminates, go to STEP 4
The investigating officer shall RESOLVE THE COMPLAINT based
3B
STEP 4
STEP
5A
STEP
5B
STEP 6
STEP 7
Q
:
A:
STEP 8
STEP 1
STEP 2
STEP 3
STEP 4
Within 15 days from (a) receipt of the resolution or (b) denial of the
motion for reconsideration, an aggrieved party can file a
VERIFIED PETITION FOR REVIEW WITH THE SECRETARY OF
JUSTICE, with copies furnished to the adverse party, and the
prosecution office issuing the appealed resolution; the Secretary
may AFFIRM (END) or REVERSE/MODIFY (go to STEP 2)
If the P/C/CS found probable cause:
GR:
No petition for review may be allowed
XPN Where there is showing of:
(1) Manifest error; or
:
(2) Grave abuse of discretion
XPN
to Where the accused has already been
XPN:
arraigned, in which case the Secretary
shall dismiss the petition motu proprio71
NOTES:
1. The Secretary can reverse or modify a resolution motu
proprio
2. The Secretary is not precluded from considering errors,
although unassigned, for executive determination of
probable cause
3. If the information is already filed in court, the court is bound
to suspend arraignment for a period not exceeding 60
days72
[Optional] At any time after the filing of the petition and before its
resolution, the petitioner may, with leave of court, file a MOTION
FOR REINVESTIGATION on the ground of new and material
evidence; the Secretary shall then ISSUE A RESOLUTION
DIRECTING
REINVESTIGATION,
IF
STILL
LEGALLY
FEASIBLE, in the prosecutorial office from which the petition was
taken73
The Secretary shall direct the prosecutor concerned to act
accordingly:
(1) FILE THE CORRESPONDING INFORMATION w/o new PI;
or
(2) DISMISS THE COMPLAINT; or
(3) MOVE FOR THE DISMISSAL OF THE INFORMATION
An aggrieved party seeking recourse must go to STEP 4
MOTION FOR RECONSIDERATION74
(1) Within 10 days from receipt of the resolution on the petition
This period is non-extendible
STEP
5A
STEP
5B
7. Inquest procedure75
STEP 1
STEP 2
STEP 3
PRELIMINARY INVESTIGATION
(1) Terminates within 15 days from inception
(2) May be conducted by:
The inquest officer himself; or
Any other assistant prosecutor
STEP 4
(3) The detainee shall be made to execute a WAIVER OF THE
PROVISIONS OF ART. 125, RPC,76 with the assistance of
counsel, or, in case of non-availability, a responsible person of
his choice77
Go to STEP 4 in 4. How conducted and proceed accordingly
INQUEST PROPER*
STEP 5
The inquest officer determines WHETHER THERE IS PROBABLE
CAUSE; if there is, go to STEP 7; if there is none, go to STEP 8
The inquest officer shall DIRECT THE OFFICER WITH CUSTODY
OF THE DETAINEE, BY ORDER, TO SERVE UPON THE
LATTER:
STEP 6
(1) SUBPOENA
(2) NOTICE OF PRELIMINARY INVESTIGATION
Go to STEP 2 in 4. How conducted and proceed accordingly
The inquest officer prepares a COMPLAINT or INFORMATION
STEP 7
with RECOMMENDATION TO BE FILED IN COURT (END)
The inquest officer RECOMMENDS THE RELEASE OF THE
DETAINEE
STEP 8
If you arrived here from STEP 3, this is subject to the
City/Provincial Prosecutors approval of the recommendation
(END)
* - Production of a detainee before the inquest officer may be dispensed with
if:
(1) Confined in a hospital
(2) Detained in a place under maximum security
(3) Production of the detainee will involve security risks
(4) Presence is not feasible by reasons of age, health, sex, other similar
factors
ii. Accused has the same right to adduce evidence in his defense
as if preliminary investigation is proceeded the normal way78
(b) Refuse to enter plea upon arraignment and object to further proceedings
Ground of objection: lack of preliminary investigation
(c) Raise lack of preliminary investigation as error on appeal79
[E] ARREST
1. Overview
(a) Definitions:
Arrest is the taking of a person into custody, that he may be bound
to answer for the commission of an offense80
A warrant of arrest (or arrest warrant) is a legal process issued by
competent authority, directing the arrest of a person or persons upon
grounds stated therein,81 after judicial determination of probable
cause therefor
Re: issuance of arrest warrant:
Within 10 days from filing of complaint/information,
the judge shall personally evaluate the resolution
of the prosecutor, looking into supporting evidence
STEP 1
No need for the judge to personally examine
the complainant and his/her witnesses
Then, go to STEP 2
IS THERE PROBABLE CAUSE?
(1) If there is, go to STEP 3A
STEP 2
(2) If there is none, go to STEP 3B
(3) If there is doubt, go to STEP 3C
STEP
ISSUE A WARRANT OF ARREST (END)
3A
Requisites of a valid warrant of arrest:82
(1) Issued upon probable cause determined
personally by the judge under oath or
STEP
3B
STEP
3C
[F] BAIL
1. Overview
(a) Definition: 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 conditions specified in Rule 11496
2.
3.
4.
5.
6.
7.
Grounds
Distinguish from demurrer to evidence
Effects of sustaining the motion to quash
Exception to the rule that sustaining the motion is not a bar to another
prosecution
5. Double jeopardy
6. Provisional dismissal
[J] PRE-TRIAL
1. Matters to be considered during pre-trial
2. What the court should do when prosecution and offended party agree to the
plea offered by the accused
3. Pre-trial agreement
4. Non-appearance during pre-trial
5. Pre-trial order
6. Referral of some cases for court annexed mediation and judicial dispute
resolution
[K] TRIAL
1.
2.
3.
4.
5.
6.
7.
[L] JUDGMENT
1. Requisites of a judgment
2. Contents of judgment
3. Promulgation of judgment; instances of promulgation of judgment in
absentia
4. When does judgment become final (four instances)
[M] NEW TRIAL OR RECONSIDERATION
1. Grounds for new trial
2. Grounds for reconsideration
3. Requisites before a new trial may be granted on ground of newlydiscovered evidence
4. Effects of granting a new trial or reconsideration
5. Application of Neypes doctrine in criminal cases
[N] APPEAL
1.
2.
3.
4.
5.
Effect of an appeal
Where to appeal
How appeal taken
Effect of appeal by any of several accused
Grounds for dismissal of appeal
(a) Definition: a provisional remedy is one provided for present need, or for
the occasion, i.e. one adopted to meet a particular exigency; 108 applied
pending litigation (but in some cases after judgment)109
(b) Nature:
(c) Purpose: for securing the judgment or preserving the status quo
2. Kinds of provisional remedies