CRIM PRO BREAK A LEG NOTES

GENERAL RULE:
A strict and rigid application of the rules must always be eschewed where it would subvert
the rule’s primary objective of enhancing for trials and expediting justice. Technicalities should
never be used to defeat the substantive rights of the parties. The liberal construction rule is not a
license to violate procedural requirements. Procedural rules are designed to facilitate the
adjudication of the cases.

PROCEDURE FOR PRELIMINARY INVESTIGATION:

1. There must be an act or omission in violation of the penal laws.

2. Referral of the case to Barangay (if applicable)- Brgy. issues Certification to File Action.
3. File an Affidavit Complaint to the Office of the City Prosecutor if Preliminary Investigation is
required.
4. The investigating public prosecutor orders to subpoena the respondent with instruction to
file Counter Affidavit within 10 days from receipt of such subpoena.
5. The investigating public prosecutor resolves the case (Resolution) with a recommendation
to either:
a. Dismiss the Complaint;
b. File the case to Court (Filing of the Information to Court); or
c. Clarificatory Hearing.

6. Options after Resolution (if judgment is unfavorable):

a. Motion for Reconsideration- if denied, may:
NOTE:
The filing of any of these
remedies does not toll the
filing of the information to
Court. However, the
respondent/ accused may
file a motion to hold the case
in abeyance pending the
appeal/ review.
 File Petition for Review to the Secretary of Justice (within 15
days)
 If still denied, may file a petition for review to the Office of
the President. (Exhaustion of Admin Remedies)
 If denied, may file an Appeal by Certiorari to the
Supreme Court under Rule 45 of the ROC.
 File a Petition for Certiorari under Rule 65 of the ROC (for
grave abuse of discretion amounting to lack or excess of
jurisdiction)
 If denied, may file an Appeal by Certiorari to the Supreme
Court under Rule 45 of the ROC.
 May also file to Court of Appeals and the Supreme Court
(with compelling reasons)

7. After a recommendation (as stated in a Resolution) of filing the case to court, an information
is filed to the proper court (MTCC- 6 yrs. and below/ RTC- 6 yrs. and 1 day above).
8. Judicial determination of probable cause to issue a warrant of arrest.
9. If a warrant of arrest is issued, the following are the remedies of the accused:
a. Bail (does not waive ANY right)
b. Motion for Reinvestigation
c. Bill of Particulars
d. Motion to Quash the information

10. Arraignment and Plea

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 CRIM PRO BREAK A LEG NOTES

PROCEDURE FOR INQUEST PROCEEDING:

General rule:
Preliminary Investigation is required to be conducted before a complaint/information is filed
for an offense where the penalty prescribed by law is at least 4 years, 2 months and 1 day, without
regard to the fine [Sec. 1, Rule 112].

Exception: When a person is lawfully arrested without a warrant involving an

offense that requires a PI, a complaint/information may be filed without conducting
the PI if the necessary inquest is conducted.

However, before the complaint or information is filed, the person arrested may
ask for a PI, but he must sign a waiver of the provisions of Art. 125, RPC in the
presence of his counsel. Notwithstanding the waiver, he may apply for bail and the
investigation must be terminated within 15 days from its inception [Sec. 6, Rule
112].

An inquest is considered commenced upon receipt by the Inquest Officer from the law
enforcement authorities of the complaint/referral documents which should include:

(1) Affidavit of arrest, investigation report, statement of the complainant and

witnesses, all of which must be subscribed and sworn to before him;

(2) Other supporting evidence gathered by the police in the course of the latter's
investigation of the criminal incident involving the arrested or detained person. It
must be terminated within the period prescribed under the provisions of Art. 125,
RPC. Thus, if after the inquest proceedings:

(a) There is no probable cause, the case is dismissed;

(b) The respondent wants a PI and is willing to waive Art. 125, a

preliminary investigation conducted;

(c) The arrest was not proper for inquest, but there possibly is probable
cause, the respondent is released for regular PI;

(d) There is probable cause and the arrest was valid, an information is
filed.

JURISDICTION
Requisites:
(1) Subject matter jurisdiction, that is, whether or not the court has jurisdiction over
the offense by virtue of the imposable penalty and its nature;

(2) Jurisdiction over the person of the accused;

(3) Territorial jurisdiction, which refers to venue or the place where the case is to be
tried.

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 CRIM PRO BREAK A LEG NOTES

JURISDICTION OVER SUBJECT MATTER JURISDICTION OVER PERSON OF THE

ACCUSED
Definition:
Refers to the authority of the court to hear and Refers to the authority of the court over the
determine a particular criminal case person charged

How acquired: May be acquired by the apprehension of the

Conferred by law; can never be acquired solely accused, or by consent of the accused, or by
by consent of the accused waiver of objections as when the accused
enters his plea

Waiver of objection:
Right to object is never waived; the absence of Right to object may be waived; failure of the
jurisdiction over the subject matter may be accused to object in time would constitute
raised at any stage of the proceeding waiver

MTCC/ MeTC/ MCTC

1. Exclusive original jurisdiction over all violations of city or municipal ordinances committed
within their respective territorial jurisdiction [Sec. 32(1), BP129]

2. Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding
6 years irrespective of the amount of fine, and regardless of other imposable accessory or
other penalties, including the civil liability arising from such offenses or predicated thereon,
irrespective of kind, nature, value, or amount thereof [Sec. 32(2), BP 129];

3. Exclusive original jurisdiction over offenses involving damage to property through criminal
negligence [Sec. 32(2), BP 129; RA 7691] (this rule disregarding the amount of fine and
other accessory penalties in determining jurisdiction does not apply when the offense is
punishable by fine only);

4. For Nos. 1-3, cases falling within the exclusive jurisdiction of the RTC and Sandiganbayan
are not included.

5. Cases classified under the Revised Rules on Summary Procedure [SC Resolution, October
15, 1991];

(a) Violations of traffic laws, rules, or regulations;

(b) Violations of rental law;
(c) Cases where the penalty prescribed by law for the offense charged is imprisonment
not exceeding 6 months, or a fine not exceeding P1,000, or both, irrespective of
other imposable penalties, accessory or otherwise, or of the civil liability arising
therefrom;
(d) Offenses involving damage to property through criminal negligence (imposable fine
does not exceed P10,000); Violations of BP 22 [AM00-11-01-SC (2003)];

6. Special jurisdiction to decide on applications for bail in criminal cases in the absence of all
RTC judges in a province or city [Sec. 35, BP 129].

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 CRIM PRO BREAK A LEG NOTES

RTC

1. Exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any
court, tribunal or body [Sec. 20, BP 129];

2. Exclusive appellate jurisdiction over all cases decided by the MTC within its territorial
jurisdiction [Sec. 22, BP 129];

3. Criminal cases where one or more of the accused is below 18 years of age but not less
than 15 years, or where one or more of the victims is a minor at the time of the commission
of the offense [RA 9344];

4. Cases against minors cognizable under the Dangerous Drugs Act, as amended [RA 8369
(Family Courts Act of 1997)];

5. Violations of RA 7610 (Child Abuse Act);

6. Cases of domestic violence against women and children. If an act committed against
women and children likewise constitute a criminal offense, the accused or batterer shall be
subject to criminal proceedings and the corresponding penalties [RA8369 (Family Courts
Act of 1997)];

7. Violations of intellectual property rights [AM 03-03-03-SC (2003); RA 8293];

8. Money Laundering Cases (RA 9160), except those committed by public officers and private
persons who are in conspiracy with such public officers shall be under the jurisdiction of the
Sandiganbayan.

SANDIGANBAYAN

1. Exclusive original jurisdiction in those cases expressly enumerated in PD 1606, as

amended by RA 8249, violations of RA 3019, RA 1379, and Chapter II, Section 2, Title VII,
Book II, RPC;

The officials enumerated are:

(a) Officials of the executive branch occupying the positions of regional director and higher,
otherwise classified as Grade 27 and higher, of the Compensation and Position
Classification Act of 1989 [RA 6758];

NOTE: The shift from, “PNP chief superintendent and PNP officers of higher rank” to
“Officers of the PNP while occupying the position of provincial director and those
holding the rank of senior superintendent and higher” in this enumeration, as
provided by the amendment in RA 10660.

(b) Members of Congress and officials thereof classified as “Grade 27” and up under the
Compensation and Position Classification Act of 1989;

(c) Members of the judiciary without prejudice to the provisions of the Constitution;
(d) Chairmen and members of Constitutional Commissions, without prejudice to the
provisions of the Constitution;
(e) All other national and local officials classified as “Grade 27”

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 CRIM PRO BREAK A LEG NOTES
2. Other offenses or felonies whether simple or complexed with other crimes committed by
public officials and employees in relation to their office. The following must concur:

(a) Accused is any one of the public officials enumerated in subsection (a) of Sec. 4
of RA 8249, Grade 27 or higher

(b) Accused commits any other offense or felony, than those specified in subsec. (a),
whether simple or complexed with other crimes

(c) The offender commits such other offense or felony in relation to his office

3. Cases filed pursuant to and in connection with EO 1, 2, 14, 14-A (1986).

WHAT ARE THE CRIMES THAT CANNOT

BE PROSECUTED DE OFFICIO?

1. Seduction
2. Adultery
3. Concubinage
4. Acts of Lasciviousness
5. Defamation
6. Abduction

TEST OF SUFFICIENCY

The test for sufficiency of the complaint or information is whether the crime is described
in intelligible terms with such particularity as to apprise the accused with reasonable certainty
of the offense charged.

A complaint or information is sufficient if it states:

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; and
6. The place where the offense was committed [Sec. 6, Rule 110].

COMPLAINT INFORMATION
Subscribed by the offended party, any peace Subscribed by the fiscal. (Indispensable
officer or other officer charged with the requirement. Lack of authority of the officer
enforcement of the law violated. signing it cannot be cured by silence,
acquiescence or even express consent.)

May be filed either in court or in the Filed with the court

prosecutor’s office.

Must be “sworn” hence, under oath. Requires no oath. The fiscal filing the
information is acting under the oath of his office.
Usually refers to felonies which cannot be Usually refers to public crimes.
prosecuted de officio.

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 CRIM PRO BREAK A LEG NOTES

KINDS OF AMENDMENT
Formal amendment Substantial amendment
merely states with additional precision Consists of the recital of facts constituting the
something which is already contained in the offense charged and determinative of the
original information, and which, therefore adds jurisdiction of the court. All other matters are
nothing essential for conviction for the crime merely of form.
charged.

AMENDMENT SUBSTITUTION
As to scope: Formal or substantial changes Substantial changes

Necessity of leave of court:

Can be effected without leave of court Must be with leave of court

Necessity of new PI and plea: Another PI is entailed and accused has to plead
Only as to form, no need for another PI and anew
retaking of plea

Offense involved:
The amended information refers to the same Involves a different offense which does not
offense charged in the original information or to include those provided in the original charge;
an offense which is included in the original cannot invoke double jeopardy
charge; can invoke double jeopardy

PARDON CONSENT
Refers to past acts Refers to future acts

In order to absolve the accused from liability, it In order to absolve the accused from liability, it
must be extended to both offenders is sufficient even if granted only to the offending
spouse

Given after the commission of the crime Given before the commission of the crime

Elements of a prejudicial question:

(1) The previously instituted civil action involves an issue similar or intimately related to the
issue raised in the subsequent criminal action; and

(2) The resolution of such issue determines whether or not the criminal action may
proceed [Sec. 7, Rule 111].

EXECUTIVE FUNCTION OF THE PROSECUTOR

The executive determination of probable cause is one made during the PI. It is a function
that properly pertains to the public prosecutor who is given a broad range of discretion to
determine whether probable cause exists for purposes of indictment. Such finding will not be
disturbed by the court unless there is finding of grave abuse of discretion.

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 CRIM PRO BREAK A LEG NOTES
IN FLAGRANTE DELICTO
A peace officer or a private person may,
without warrant, arrest a person when the
person to be arrested:
(1) Has committed;
(2) Is actually committing; or
(3) Is attempting to commit
an offense in the presence of the peace officer
or private person who arrested him [Sec. 5(a),
Rule 113].
HOT PURSUIT ARREST
A peace officer or a private person may,
without warrant, arrest a person when an
offense has just been committed and the
officer or private person has probable cause
to believe, based on personal knowledge of
facts or circumstances, that the person to be
arrested has committed it [Sec. 5(b), Rule 113].

Requisites:
(1) The person to be arrested must execute an
overt act indicating that he has just committed,
is actually committing, or is attempting to
commit a crime; and
Requisites:
(1) An offense has just been committed. There
must be a large measure of immediacy between
the time the offense was committed and the
time of the arrest.

(2) Such overt act is done in the presence or If there was an appreciable lapse of time
within the view of the arresting officer. between the arrest and the commission of the
crime, a warrant of arrest must be secured; and

(2) The person making the arrest has probable

cause to believe, based on personal knowledge
of facts, that the person to be arrested has
committed it.

PROBABLE CAUSE DISTINGUISHED

FISCAL JUDGE
Nature:
Executive determination of probable cause Judicial determination of probable cause

Purpose:
Determination of probable cause to hold a Determination of probable cause to issue a
person for trial warrant of arrest

Standard:
Whether or not there is reasonable ground to Whether or not a there is reasonable ground to
believe that the accused is guilty of the offense believe that a crime has been committed and
charged and should be held for trial. that it was likely committed by the person
sought to be arrested.

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A MATTER OF RIGHT
General rule:
Bail is a matter of right.
CRIM PRO BREAK A LEG NOTES
BAIL
A MATTER OF DISCRETION BAIL NOT REQUIRED
Exception: When a person has been in
When the offense involved is a custody for a period equal to or
capital offense, admission to bail more than the possible
is discretionary, and may only maximum imprisonment of the
be denied when evidence of offense charged to which he
guilt is strong. may be sentenced;
Exception to the exception:
When the accused is a minor,
he is entitled to bail regardless
of whether the evidence of guilt
is strong.

Before or after conviction, Before conviction, in offenses If the maximum penalty is

but pending appeal, by the punishable by death, reclusion destierro, he shall be released
MTC; perpetua or life imprisonment after 30 days of preventive
and evidence of guilt is not imprisonment [Sec. 16, Rule
strong; 114];

Before conviction by RTC of
an offense not punishable by
death, reclusion perpetua, or
life imprisonment. [Sec. 4,
Rule 114].
Upon conviction by the RTC,
which has not become final as
the accused still has the right to
appeal, of an offense not
punishable by death, reclusion
perpetua or life imprisonment.
In cases filed with the
MTC/MCTC for an offense
punishable by an imprisonment
of less than 4 yrs, 2 mos. and 1
day, and the judge is satisfied
that there is no necessity for
placing the accused under
custody [Sec. 8, Rule 112];

NOT APPLICABLE to In cases where a person is

EXTRADITION charged with violation of a
PROCEEDINGS, except only municipal/city ordinance, a light
upon clear and convincing felony and/or criminal offense,
evidence: the penalty of which is not
higher than 6 months
(1) That once granted, the imprisonment and/or a fine of
applicant will not be flight risk or ₱2000, or both, where it is
will not pose danger to the established that he is unable to
community; and post the required cash or bail
bond [Sec. 1, RA 6036].
(2) That there exists special
humanitarian and compelling
circumstances.

Thus, in extradition proceedings,

bail is a matter of right.

In DEPORTATION
PROCEEDINGS, bail is
discretionary upon the
Commissioner of Immigration
and Deportation.

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 CRIM PRO BREAK A LEG NOTES
WHAT ARE THE RIGHTS OF AN ACCUSED IN CRIMINAL PROCEEDINGS?

(1) To be presumed innocent until the contrary is proved beyond reasonable doubt.
(2) To be informed of the nature and cause of the accusation against him.
(3) To be present and defend in person and by counsel at every stage of the proceedings,
from arraignment to promulgation of the judgment.
(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.
(6) To confront and cross-examine the witnesses against him at the trial. Either party may
utilize as part of its evidence the testimony of a witness who is deceased, out of or cannot
with due diligence be found in the Philippines, unavailable, or otherwise unable to testify,
given in another case or proceeding, judicial or administrative, involving the same parties
and subject matter, the adverse party having the opportunity to cross-examine him.
(7) To have compulsory process issued to secure the attendance of witnesses and production
of other evidence in his behalf.
(8) To have speedy, impartial and public trial.
(9) To appeal in all cases allowed and in the manner prescribed by law.

REMEDIES:

REMEDIES OF THE ACCUSED IF THERE

WAS NO PI:
(1) Refuse to enter a plea upon arraignment and object to further proceedings upon
such ground;
(2) Insist on a preliminary investigation;
(3) File a certiorari, if refused;
(4) Raise lack of PI as error on appeal

DEFINITION OF TERMS:

Prejudicial question
- is that which arises in a case the resolution of which is a logical antecedent of the
issue involved therein, and the cognizance of which pertains to another tribunal.

Preliminary investigation
- an inquiry or proceeding to determine whether there is sufficient ground to
engender a well-founded belief that a crime has been committed and the respondent
is probably guilty thereof, and should be held for trial

Inquest proceeding
- is an informal and summary investigation conducted by a public prosecutor in
criminal cases involving persons arrested and detained without the benefit of a warrant of
arrest issued by the court for the purpose of determining whether or not said persons
should remain under custody and correspondingly be charged in court.

Arrest
- the taking of a person into custody in order that he may be bound to answer for the
commission of an offense
Bail
- is 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
conditions hereinafter specified

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