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Criminal Procedure 2.

Accused arrested
-method prescribed by law for apprehension and 3. From fiscal’s discussion: if the accused filed
prosecution of persons accused of criminal offense pleadings; accused is already under the custody
-provides punishment in case of conviction of law

Systems *Jurisdiction determined by the allegations – not by the

1. Inquisitorial – initiates from officials and agents findings; imposable penalty ang tinitingnan
of the law; peace officer
2. Accusatorial – exercised by every citizen *J determined by
3. Mixed – both 1. Geographical limits of the territory and
*general rule: our judicial set-up is accusatorial: 2 2. Action it is empowered to decide
contending parties appear before the court which
hears them impartially *Adherence of J: court will retain J over the case until
the end to the exclusion of other courts
*importance of due process: court must follow step by
step procedure to ensure that the state will make no JURISDICTION OF Metorpolitan Trial Courts,
mistake in taking the life and liberty except that of the Municipal Trial Courts and Municipal Circuit Trial
guilty. Courts

CRIMINAL JURISDICTION FINE ONLY: Not exceeding 4000, inferior courts has
-authority of the court to hear and try an offense to jurisdiction
impose punishment -EXEMPTION: reckless imprudence resulting to
damage of property – nagddrive, nabangga ang bahay:
VALID EXERCISE: Jurisdiction over Jurisdiction of MTC – kahit pa 1M ang fine.
3. PERSON imposable penalty is below 6 years (prision
*all must concur, otherwise court has no jurisdiction correccional). Accessory penalties are also immaterial.
*final judgment napag-alaman that court has no -EXEMPTION: Libel/written defamation (RTC),
jurisdiction, it is not ground to invoke the right against election offenses (RTC), intellectual property violations
DOUBLE JEOPARDY; accused can still be tried for the (RTC), violations of Dangerous Drugs Act (RTC),
same offense -WHY? Because there is an Express jurisdiction
*Jurisdiction is conferred by law. vested by law
*Perjury: not a continuing offense: ex: perjury done in
Jurisdiction over the person: Ruby’s apartment but was utilize in another place,
1. Voluntary surrender
jurisdiction will be on the MTC of the place where it 1. The following public officials even though
was utlized. BASTA KUNG SAN NA-UTILIZE. they are not classifieed as Grade 27:
i. Provincial and LGU officials
*LIBEL – RTC of the place where it was FIRST ii. Diplomats
PUBLISHED iii. Higher-ranking officers Army and
-Private person PNP
-2 victims of libel: Geoff ay tagaLipa, iv. City prosecutors
Ruby ay tagaMabini, libel naganap sa UB. Unahan v. Officers of GOCCs
magfile ng case. Kung san mauna, yun ang may 2. Members of Congress and officials
jurisdiction to the exclusion of others classified as Grade 2 and higher
-Public Official: libel MUST BE IN RELATION TO 3. Members of judiciary
HIS PUBLIC OFFICE: 3 choices: workplace OR place first 4. Chairmen and members of Constitutional
published OR domicile Commission
* Don’t forget to specify in the INFORMATION the 5. All other officials classified as Grade 27
residence. and higher

REGIONAL TRIAL COURT B. Offenses and felonies, simple or complexed with

1. imposable penalty exceeds 6 years other crimes, committed by public officials
2. vested by the law mentioned above IN RELATION TO THEIR OFFICE
C. Civil and criminal case filed in relation with EO
COMPLEX CRIMES: jurisdiction will fall on the court 1, 2, 14, and 14-A, issued in 1986
which can impose the most serious and maximum
penalty. -IMPT: Private individuals in conspiracy with those
public officials under the jurisdiction of Sandiganbayan
FAMILY COURTS (RTC): Minor accused is 9-17 years shall be tried JOINTLY. In other words, Sandiganbayan
old. din.

SANDIGANBAYAN -RA 3019 – time of reckoning is the TIME OF

-Source: RA 8249 COMMISSION; therefore, jurisdiction is with
A. Violations of RA3019: Anti-graft and Corrupt -Murder committed by a Grade 27 public official NOT
Practices Act and Violations of BRIBERY where RELATED TO OFFICE shall be tried under jurisdiction or
the accused are OFFICIALS occupying the ff regular courts (RTC)
-Sandiganbayan has jurisdiction over cases involving Ordinarily, prescription will be interrupted upon the
PCGG. Subjection to review on certiorari by the SC. institution of criminal action with the proper officer if
subject to preliminary investigation. The Ombudsman
-Money Laundering cases committed by private is the investigating and prosecuting arm of the
individuals – RTC; Public officials mentioned – Sandiganbayan. Therefore, filing it with the
Sandiganbayan Ombudsman will bar the running of prescription.
The filing of a criminal complaint with the office of the
J of Sandiganbayan vs J of Ombudsman over Public Ombudsman also interrupts the period of prescription
Officers of crimes. (Llenes vs. Dicdican)
-hindi sila magkalaban; concurrent ang authority nila __
-Ombudsman’s power to investigate is dependent on
cases cognizable by Sanbdiganbayan ADDITIONAL NOTES
-basta public official, ombudsman can investigate and
prosecutor; if cognizable by Sandiganbayan, Continuing Offense vs. Transitory Offense
ombudsman MUST investigate. If NOT cognizable by -Transitory: committed in a moving vehicle or vessel.
Sandiganbayan, may shared authority to investigate *Vehicle: jurisdiction – any city or municipality it
and prosecute ang ombudsman and the prosecutor passes where offense is part committed including the
place of departure and arrival
IMPT: Accomplice follows principal. *Vessel: jurisdiction – FIRST PORT ENTRY, or any
city or municipality it passes, and the destination, BUT
Military Courts NOT the point of origin or departure, subject to
-service-connected offenses, jurisdiction of Court generally accepted principles of international law
-NOT service-connected offenses, either Regular -Merchant vessel: follow the English rule. The state
Courts or Sandiganbayan (in case of high-ranking where the boat is registered acquires jurisdiction.
officials) However, if the offense disturbed the security, peace
-no jurisdiction over civilians and order of the place where the offense is committed,
the place will acquire jurisdiction. Also, any city or
EXAM QUESTION: With respect to ombudsman, slander municipality it passes AND destination EXCEPT its
filed against a public officer. Will it interrupt the point of origin or departure.
running of prescription? (Di ko gets… )
 Baka eto yung question: Slander was filed against a Bigamy: 1st marriage with Ruby sa Davao, 2nd
public official with the Ombudsman. Will it interrupt marriage with Ro-ann sa Batangas. Batangas acquires
the running of prescription? Parang hindi… CALL A jurisdiction.
Deposition: written testimony made under oath by a 3. offenses exceeding 1 year or a fine
witness who is unable to testify in person; pwede sa exceeding 5000
preliminary investigation provided na wala or malayo 4. offenses where there is no private party
ang witness BUT sa trial court, hindi na pwede. 5. disputes involve real properties in diff cities
Kelangan dadalhin ang witness sa RTC. Webb case. 6. parties reside in diff cities
7. other classes of disputes which the President
may determine in the interest of justice or upon

Geoff’s Notes: ****

If a case properly cognizable by Katarungang
Pambarangay is directly filed with the Court, will the REMINDER: If imposable penalty is…
Court acquire jurisdiction? YES, but the court cannot - Below 1 year = must pass through KP
exercise jurisdiction. It must pass first with - Above 1 year but below 6 years = MTC
Katarungang Pambarangay. - 6 years and above = RTC

-Nag-away sa workplace, iba’t ibang lugar galing, IF FINE ONLY:

kelangan dumaan ng KP ng workplace. 5000 below = must pass through KP
- 4000 below = must pass through KP before
-Kung hindi workplace and school, iba’t ibang domicile, going to MTC
EXEMPTED sa KP. - 4001 to 5000 = must pass through KP before
going to RTC
-Bugbugan, persons included live on different 5001 and above = straight to RTC
barangay but same municipality or city. Complainant
may choose where to file the complaint. Complaint SUMMARY PROCEEDINGS
must be in writing.
Geoff’s Notes:
-Failure to heed subpoena will lead to a certification -complainant must submit affidavits of all witnesses;
that will bar counterclaim. VERY IMPORTANT!!!! otherwise, even if the witness is an eye-witness, he will
not be recognized as such.
-KP has jurisdiction over persons living on the same -ARRESTO MAYOR (6mos and below): always under
city or municipality EXCEPT: summary proceedings
1. one party is the gov’t or its subdivision -All cases covered by Summary Proceedings are under
2. one party is public officer or employee AND Katarungang Pambarangay
disputes relates to performance of official functions - The court may immediately dismiss the case if it finds
the evidence insufficient.
-If sufficient, there shall be an arraignment. 2. Preliminary Investigation NOT required:
a. complaint of information may be filed
-In summary proceedings, the following are prohibited: directly MTC and MTCT
a. Motion to Quash: Exemption, if the court has b. OR may be filed with the office of
no jurisdiction Prosecutor (especially Manila and
b. Demurrer of Evidence: CALL A FRIEND!!! chartered cities)
-A counsel must file a LEAVE OF COURT
before filing a demurrer of evidence. Otherwise, he Purpose of preliminary investigation: to determine
shall be barred to present his evidence. whether there is sufficient ground to engender a well-
c. Certiorari of Interlocutory Order grounded belief that a crime has been committed and
that the respondent is guilty and should held for trial.
-In summary proceedings, the direct examination of Merely inquisitorial.
the parties is based on the information/affidavit filed
by them. “Are all of these correct?” “Yes.” Institution of Criminal action – interrupts the running
of the period of prescription of the offense.
RULE 110
Question: Is the filing of a complaint with the KP a
Preliminary investigation is required if penalty is AT commencement of the institution of a complaint? YES.
LEAST 4 years, 2 mos and 1 day. For minor offenses or disputes under mediation
conciliation or arbitration, the prescriptive periods for
SEC 1: Institution criminal actions: offenses shall be interrupted upon filing of complaint
1. Preliminary Investigation is required: MUST file with the punong barangay. Provided, that such
with proper officer. (Proper officer: those interruption shall not exceed 60 days from the filing of
authorized to conduct preliminary investigations complaint
eg prosecutors)
a. Offended party cannot go directly to the REMEMBER: Prescription refers only to FELONIES
court punishable by RPC (Art 91). For special laws, RA 3326
b. EXEMPTIONS: will apply. Prescription will commence upon
i. if accused is under detention or commission.
custody of the court
ii. accused is invoking habeas corpus
iii. actions with provisional remedies
iv. barred by statues of limitations Art 91 vs RA3326
(prescription, estoppels, laches) -Art 91: If accused is outside the country, the
v. offenses subject to summary prescription will not run. However, under RA3326, the
procedure prescription will continue to run.
-Since RA 3326 is very explicit about this point, the Art
91 of RPC should NOT be applied as suppletory to the BUT filing of complaint with the fiscal for preliminary
special law. (Marcelo Case) investigation may be filed by ANY PERSON.

EXAMPLE: IF the Complaint filed with the fiscal’s office

SEC 2: Complaint for preliminary investigation is rape thru violence and
-writing intimidation, but the Information filed with the court
-in the name of People of the Philippines failed to include “thru violence and intimidation”, it is
-against all persons who appear to be responsible sufficient if the Preliminary Investigation is attached to
*upon discretion of the fiscal; judge cannot force the Information filed with the court.
the fiscal to include another person; BUT the fiscal can
be compelled by WRIT OF MANDAMUS. GENERAL RULE: Criminal prosecution may NOT be
restrained by injuction, preliminary or final. Why?
SEC 3: Complaint Public interest requires that criminal acts be
-sinumpaang salaysay investigated and prosecuted for the protection of
-Definition: sworn written statement charging a person society.
with an offense, subscribed by the offended party, any
peace officer, or other public officers SEC 4: Information
-Definition: an accusation in writing, charging a person
*Complaint Affidavit (Sec1) vs. Complaint (Sec 3) with an offense, subscribed by the prosecutor, filed
-Complaint Affidavit (Sec 1) – not in writing, not sworn with the court.
etc. may be done orally; filed by the offended party - does not have to be under oath but must be
with the fiscal subscribed by the fiscal or prosecutor
-Complaint (Sec 3) – see definition; filed by the fiscal -if not properly signed, it cannot be cured by silence or
with the court by express consent.

Who may file a complaint? COMPLAINT vs INFORMATION

1. Offended party -Complaint subscribed by offended party
2. Any peace officer -Information subscribed by the Fiscal
3. Public officer charged with the enforcement or
execution of the law violated SEC 5: Who must prosecute criminal actions
1. Prosecutor – upon filing complaint / Information
Commence of criminal prosecution is confined to : (1) with the court
representatives of the government, (2) persons a. Absent a prosecutor – offended party,
injured. peace officer, or public officer may file.
-Complaint filed with the court.
However, the right to prosecute will cease -approximate time of the commission of the offense
upon availability of a prosecutor. - place where it was committed
2. Adultery and Concubinage: offended spouse
3.Seduction, abduction, and acts of lasciviousness – Sec 7: Name of the accused: name, surname or
offended party, then parents, then grandparents, then nickname
guardian, then State - If name cannot be ascertained, must
-Minor offended party may file a complaint; will described under a fictitious name with a
acquire juridical capacity statement that true name is unknown
4. Defamation imputing offenses mentioned above,
cannot brought except by a complaint filed by the -error in the name of identity should be raised in
offended party arraignment

Why? Because crimes mentioned above are PRIVATE Sec 8: Designation of the offense
CRIMES. SEC 9: Cause of Accusation
- If there is no designation of the offense,
Pardon vs Consent reference shall be made to the section of the
-Pardon: past adultery/concubinage acts; effected statute punishing it
upon filing of the complaint which results to - Designation is not controlling, what is
discontinuance of the prosecution controlling is the recital of facts
-Consent: future adultery acts; if this is present, the - Must contain the qualifying and aggravating
spouses are stopped from filing case against each circumstances; Also mitigating.
other - Example: “Minority” is not enough; Age
should be alleged.
-Death of offended party in a Criminal case for Libel - People vs Perreras: The qualifying and
does NOT extinguish criminal liability of accused. aggravating circumstances cannot be
appreciated even if proved unless alleged in
-Prosecution is two-fold: the information
1. prove that a crime has been committed
2. accused is responsible therefore -Habitual Delinquency should not be generally averred.
Information must specify commission of crime, last
SEC 6: Included in the complaint / Information: conviction or released, and other previous conviction
-name of the accused or release.
-designation of the offense by statues
-acts or omissions complained of as constituting the Complex Crime: If evidence fails to support the charge
offense as to one of the component offense, defendant can be
-offended party convicted of defense proven.
SEC 10: Place of Commission -Amendment may be done before accused entered a
-Transitory vs. Continuing Crimes plea.
-Once accused entered a plea, amendment can only
SEC 11: Date of Commission of the Offense be done WITH LEAVE OF COURT and when it can be
-not necessary that actual date is alleged UNLESS date done without causing prejudice to rights of accused
is a necessary ingredient -Kinds of Amendment
-Examples: Crime was committed on 1964 but was 1. FORMAL - additional precision, something
alleged as committed on 1965  May be amended. already contained in original information; adds nothing
Basta wag masyado malayo. essential for conviction
-If sobrang malayo, the proper remedy is Motion to 2. SUBSTANTIAL
Quash but it must be filed before arraignment. AMENDMENT vs. SUBSTITUION
-Crimes where time is essential: -Amendment does not need preliminary investigation
1.INFANTICIDE while substation needs a new one
2.Violations of Sunday Statues (Election Laws) -Amendment involves formal and substantial changes
3. ABORTION while substation involves a substantial change from
original charge
SEC 12: Name of offended party -A can be effected without leave of court while in S,
a. Offense against property: if offend party is leave of court is necessary because original
unknown, property must be described information has to be dismissed.
b. If offended party is already known, his name -A refers to same offense while in S, new information
must be inserted in the complaint involves different offense
c. If offended party is a juridical person: stating the
name by which it is known is sufficient *Information cannot be downgraded or cannot exclude
an accused, without leave of court with notice to the
-Name of offended party is indispensable in the crime offended party. It can be made only upon Motion by
of slander, and robbery with homicide the prosecutor.

SEC 13: Duplicity of Offense *Court must state reasons in resolving the reason
-Complaint or Information must charge only ONE (whether it granted or not).
-EXCEPT when law provides a single punishment for *Sec 14 applies only to ORIGINAL CASE not appealed
various offenses (e.g. Complex Crimes and Special case.
Complex Crimes)
SEC 15: Place where action is instituted

SEC 14: Amendment and Substitution

a. Jurisdiction over territory – court of city or 2) offended party waives the right to institute civil
municipality where the offense or necessary action
ingredients thereof were committed -pardon of a spouse to a adulterous spouse
b. Transitory Crimes - Vehicles
c. Transitory Crimes - Vessels *Consequence of Reserving and Waving of Civil Action:
d. Crimes outside Philippines but punishable by Art private prosecutor can no longer appear because the
2 of RPC shall cognizable by the court where it is private prosecutor represents the private party.
first filed

-Court has no jurisdiction to try offense committed RULE 111

outside its jurisdiction. -General Rule: Institution or filing of criminal action
includes the institution of the civil action for recovery
-Kidnapping with Serious Illegal Detention is a of civil liability arising from the offense charged
continuing crime when the deprivation of liberty is -EXCEPTIONS:
persistent and continuing from one place to another. It 1. Reservation of right
may be tried at the place where the essential s2. Waiver
ingredients of the crime occurred.
3. Civil action instituted prior to the institution of
-Estafa, Libel/Written Defamation, Abduction are the criminal action
continuing offenses.
*Primacy of Criminal Action: If the civil action is
-Piracy: If the vessel is registered in the Philippines and instituted before the criminal action, and a criminal
the crews are Filipinos, Philippines will acquire action is subsequently commenced, the pending civil
jurisdiction action shall be SUSPENDED until final judgment of the
-BUT if airship or warship of America, jurisdiction criminal action has been rendered.
is with America because it is an extension of their *EXCEPT if there is a PREJUDICIAL QUESTION arising
sovereignty from a previously filed civil action that should be
resolved first.
Sec 16: Intervention of the Offended Party in a
Criminal Action Example: BIGAMY. X and Y got married. X sought for
-General Rule: when a criminal action is instituted the nullity of marriage due to lack of an essential requisite.
civil action is also instituted. Y contracted a subsequent marriage with A. Y was
-EXEMPTIONS: charged with bigamy. X and Y’s petition for nullity of
1) expressly reserved by the offended party marriage must proceed first because its final judgment
-if he instituted a separate civil action for is necessary for the judgment in the criminal
damages arising from the offense charged proceedings of Y concerning bigamy.
-If the case proceeds and it was found out the there
Where to file petition in relation to prejudicial question: was no preliminary investigation, the case will be
- Office of the prosecutor or the court where suspended and the preliminary investigation must be
the criminal action is filed. executed.

DEATH – extinguishes criminal liability but NOT civil -Remedy of the accused that was not given PI:
liability. 1. Refuse to enter a plea
2. Insist on a PI
-If accuse dies after arraignment and during the 3. File certiorari if refused
pendency of a criminal action, BOTH criminal and civil 4. Raised it as an error on appeal
liability shall be distinguished. HOWEVER, independent 5. File a petition for prohibition
civil actions may be filed against the estate of the
accused after proper substation (substitution of heirs). READ MORE. :D
BUT if the accused dies BEFORE arraignment, the case
shall be DISMISSED without prejudice to any civil
action. Rule 113

Sec 1 and 2
-Must be performed with the intent to perform an
-The person to be arrested must be properly informed
RULE 112 of the arrest. There must be an intent to submit to
Preliminary Investigation such arrest. He must think that submission is
-If there is sufficient cause to hold respondent for trial, necessary.
he will be recommended for trial to the court with -Person making the arrest must be acting under REAL
proper jurisdiction. Otherwise, the Prosecutor shall or PRETENDED legal authority; he is NEVER justified in
recommend the dismissal of the complaint. But such making unnecessary force; must not result to
dismissal is still subject to review by the provincial or dangerous means.
city Prosecutor or chief state Prosecutor or -Peace officer cannot claim exemption from criminal
Ombudsman on the ground that probable cause exists. liability if he uses unnecessary force or violence even
Such review is still subject to the review of DOJ if he is to arrest a notorious criminal, if the criminal is
secretary. not resisting. But if criminal fought back, arresting
officer may apply NECESSARY force.
-40 -60 days kelangan tapos na but it is discretionary.
Sec 3
-the person arrested, during the pendency of the case, -Reasonable suspicion: founded on
must be detained in jail unless he bailed. Within that probable cause, coupled with good faith on the
period, he cannot practice his possession. part of the officers making the arrest.

Sec 4 b. There must be ample ground to believe

-Warrant of Arrest VS. Search Warrant that the accused is the offender. Reliable
1. SW: validitiy -10 days; WA: valid until arrest is information alone will not suffice. There
effected; within 10 days, the officer should report to must overt acts indicating a felonious act
the judge as to why he was not able to arrest the was committed within the view.
person. c. Personal knowledge of facts base on
information given accused naming his
Sec 5: Personal Knowledge of Facts companions is valid.
-must be based on probable cause i. People vs. Madriaga - co-accused
pointed that his other co-accused
LAWFUL WARRANTLESS ARREST: supplied marijauana
ii. Nazareno vs. Station Commander-
1. In flagrante delicto: no need for warrant of suspect pointed Nazareno as his
arrest because the person to be arrested has companion on a felonious act
committed, is actually committing, or attempted Where arrest is not valid:
to commit an offense IN THE PRESENCE of the o Pp vs Burgos: Information by the
arresting officer. subject was rejected.
o Pp vs Aminnodin: Tip of an informer is
2. Hot pursuit: When an offense has just been not valid. Officers did not secure a
committed and arresting officer has probable warrant of arrest.
cause to believe based on personal knowledge o Pp vs Briones: Information based on
of facts of circumstances that the person to be disclosure of eyewitness is rejected.
arrested has committed it. Arresting officers should have gotten a
warrant of arrest.
o Rolito Go vs CA: Arresting officers
a. Probable cause – actual belief of should have secured a warrant of
reasonable ground of suspicion that the arrest.
person to be arrested is probably guilty of ** In the case mentioned above, the arresting
committing the offense; based on actual officers had sufficient time to secure a warrant
facts. of arrest.
MOVING VEHICLE: warrantless arrest is valid, 3. He must be clearly informed that he has the
even if the information came from a tip of an right to consult with a lawyer and to have the lawyer
informer. Why? Because there is a sense of with him during the interrogation. He does not have to
URGENCY. ask for a lawyer. The investigator should tell him that
Arresting officers do not have enough time to he has the right to a counsel at that point.
secure a warrant of arrest. 4. He should be warned that not only he has the
right to consult with a lawyer, but if he is indigent, a
lawyer will be appointed to represent him.
3. Person to be arrested is a prisoner who has 5. Even if the person consents to answer a
escaped from penal establishment; like a question without the assistance of counsel, the
continuing crime moment his asked for a lawyer at any point in the
investigation, the interrogation must cease until an
-“Fruit from a poisonous tree”  evidence acquired attorney is present.
through unlawful warrantless arrest shall be 6. If the foregoing protections or warnings are
INADMISSABLE. not demonstrated during the trial, to have been
observed by the prosecution, no evidence obtained as
-If you don’t have either Warrant of Arrest or Search a result of interrogation can be used against him.
Warrant but your arrest is valid, evidence acquired are
INCIDENTAL to a valid arrest, hence ADMISSIBLE. Rule 114 Bail

Sec 6: Time of Arrest: any day, any time Sec 4:

Bail as a matter of right
Sec 7: Method of arrest by virtue of warrant: person Bail as a matter of discretion
being arrested must be informed
(Geoff, paphotocopy... Hehehe. Antok na… )

Sec 8: Method of arrest without warrant

-Miranda Rights:
1. Person in custody must be informed at the
outset in clear and unequivocal terms that he has a
right to remain silent.
2. After being so informed, he must be told that
anything he says can be used against him in court.