Review on the 2000 Revised Rules on Criminal Procedure 2002 Edition <draft copy; pls.

check for errors>

BACKGROUND ON CRIMINAL PROCEDURE We will now go to Criminal Procedure proper.

Background on Criminal Procedure

Q: Define Criminal Procedure. A: It is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense and for their punishment in case of conviction. (Clarks Criminal Procedure p.!" HISTORY OF CRIMINAL PROCEDURE IN THE PHILIPPINES #emember our criminal procedure is patterned after the $.%. law. %o lets trace its origin& 'he first law on criminal procedure is (eneral )rder *o. +, promulgated on -pril ./ !011 by 2a3or (eneral )tis of the $.%. -rmed 4orces. 'hat went on up to !051 'he )ld #ules of Court. -fter that is the !065 #evised #ules of Court. *e7t is the !0,+ #ules of Criminal Procedure which was amended / years later and again amended on !00! (on #ule !!5". -nd finally the most thorough amendment which took effect last December ! .111 8 the .111 #ules on Criminal Procedure. %o that is now the present law. I hope you have the copy. Do they have already commercial9 Wala pa9 )k. -h: 'hat is the one prepared by the faculty during the seminar where I talked ( ehem!". %ince you are using it meron man akong ibang kopya ba: 2alaki;ganyan o;direct from the %upreme Court [idol jud !"o #i De! !!!$ and I have it book<bound. SYSTEMS OF PHILIPPINE CRIMINAL PROCEDURE 'here are generally two (." systems of criminal procedure& !. In=uisitorial %ystem> and .. -ccusatorial %ystem. #emember in a criminal case there are three (/" parties& !. state through prosecutor> .. accused> ! d /. private victim. $nder the i %ui#i&o'i!l #(#&em it is a government show and the accused and the private victim is only incidental. %o there is more emphasis on the governments role. 'he !))u#!&o'i!l #(#&em on the other hand holds a different view; baliktad: 'he role or participation of the %tate is secondary. We give more importance on the right or role of the accused or the private victim. Q: Which of the . systems is recogni?ed in the Philippines9 A: )urs is a mi7ed system; so @ybridA2esti?o [mu'!* i# +e&!$ because the features of both system are found in our law. Q: What are some of the i %ui#i&o'i!l aspects of our system of criminal procedure where the emphasis is on the governments role9 A: 'he following& !. .. 'he prosecution of criminal cases is largely controlled by the public prosecutor. BCong fiscal siya man ang may say bah;so under the direction or control of the fiscal or prosecutor> Preliminary investigation is re=uired. Cou cannot go to court and file it. 'he fiscal will determine whether to file it or not. *ow can he conduct a preliminary investigation kung wala ang accused9 Well if you are notified ayaw mong magbigay ng counter<affidavit then tuloy: Dahala ka dyan: Dasta ang importante ang role ng government> In case the accused is sentenced to death whether the accused likes it or not there will be a review of death sentence because that is what public interest says.

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Review on the 2000 Revised Rules on Criminal Procedure 2002 Edition <draft copy; pls. check for errors>

Background on Criminal Procedure

Q: What are some of the !))u#!&o'i!l aspects of our system of criminal procedure where the emphasis is on the role of the accused or the offended party9 A: 'he following& !. .. /. 'he accused is entitled to a public trial. 'hat is not for the benefit of the government but that of the accused> It is the right of the accused to be present at every stage of the proceeding> It is the right of the offended party to intervene by hiring a private prosecutor. SPACE-FILLER #2: RECEIVED FROM E-MAIL: @ey people some tough =uestions for you to answer& QUESTION 1& If you knew a woman who was pregnant who had eight (,"kids already three who were deaf two who were blind one mentally retarded and she had syphilis (%.'.D." would you recommend that she have an abortion9 #ead the ne7t =uestion before scrolling down to the answer of this one. QUESTION 2& It is time to elect a new world leader and your vote counts. @ere are the facts about the three leading candidates& Candidate -& -ssociates with crooked politicians and consults with astrologists. @eEs had two mistresses. @e also chain smokes and drinks , to !1 martinis a day. Candidate D& @e was kicked out of office twice sleeps until noon used opium in college and drinks a =uart of whisky every evening. Candidate C& @e is a decorated war hero. @eEs a vegetarian doesnEt smoke drinks an occasional beer and hasnEt had any e7tramarital affairs. Which of these candidates would be your choice9 Decide first no peeking then scroll down for the answer. !. Candidate - is 4ranklin D. #oosevelt .. Candidate D is Winston Churchill /. Candidate C is -dolph @itler -nd by the way& -nswer to the abortion =uestion. If you said yes you 3ust killed Deethoven. Pretty interesting isnEt it9 2akes a person think before 3udging someone. #emember amateurs built *oahEs -rk::: Professionals built the 'itanic:::

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