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This syllabus covers various topics in criminal procedure law in the Philippines, including venue in criminal cases, jurisdiction of regular courts and the Sandiganbayan, jurisdiction of the Ombudsman, review of Ombudsman decisions, and the roles of prosecutors and the Solicitor General. It provides an overview of the relevant laws, such as the 1987 Constitution and statutes establishing the Sandiganbayan. It also summarizes numerous Supreme Court cases that discuss or apply laws related to jurisdiction, procedures, and authority in criminal cases in the Philippines.
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CRIMINAL PROCEDURE PART I SYLLABUS (August3, 2015).doc
This syllabus covers various topics in criminal procedure law in the Philippines, including venue in criminal cases, jurisdiction of regular courts and the Sandiganbayan, jurisdiction of the Ombudsman, review of Ombudsman decisions, and the roles of prosecutors and the Solicitor General. It provides an overview of the relevant laws, such as the 1987 Constitution and statutes establishing the Sandiganbayan. It also summarizes numerous Supreme Court cases that discuss or apply laws related to jurisdiction, procedures, and authority in criminal cases in the Philippines.
This syllabus covers various topics in criminal procedure law in the Philippines, including venue in criminal cases, jurisdiction of regular courts and the Sandiganbayan, jurisdiction of the Ombudsman, review of Ombudsman decisions, and the roles of prosecutors and the Solicitor General. It provides an overview of the relevant laws, such as the 1987 Constitution and statutes establishing the Sandiganbayan. It also summarizes numerous Supreme Court cases that discuss or apply laws related to jurisdiction, procedures, and authority in criminal cases in the Philippines.
Jurisdiction to Issue Hold Departure Orders (Regular Courts Distinguished with
the Sandiganbayan) 1. 2. 3.
C.
Father Reyes v. Court of Appeals, G. R. No. 182161, December 03, 2009
Mondejar v. Buban, A.M. No. MTJ-01-1349, July 12, 2001 Mupas v. Espanol, A.M. No. RTJ-04-1850, July 14, 2004
Jurisdiction is conferred by law and determined by the allegations of the
Complaint 1. 2.
D.
Pilipinas Shell v. Romars International, G.R. No. 189669, February 16,
2015 People v. Taroy, G.R. No. 192466, September 7, 2011 Hector Trenas v. People, G. R. No. 195002, January 25, 2012
Dazon v. Yap, G.R. No. 157095, January 15, 2010
Foz v. People, October 9, 2009, G.R. No. 167764
Creation of the Sandiganbayan
Section 4, Article XI of the 1987 Constitution Presidential Decree 1486 dated June 11, 1978 Presidential Decree 1606 dated December 10, 1978 Presidential Decree 1861 Republic Act 7995 approved March 10, 1995 Republic Act 8249 approved February 5, 1997
E.
Jurisdiction of the Sandiganbayan
1. 2. 3.
F.
People v. Sandiganbayan, August 25, 2009, G.R. No. 167304
Serrana v. Sandiganbayan, January 22, 2008, G.R. 162059 Garcia v. Sandiganbayan, G.R. NO. 165835, June 22, 2005
Dismissal of the Complaint because of inordinate delay
1.
Tatad v. Sandiganbayan, 159 SCRA 70
2. G.
Anti-Graft Cases in the Sandiganbayan
1. 2. 3.
H.
4.
3.
Sesbreno v. Aglugub, February 28, 2005, A.M. No. MTJ 05-1581
Enriquez v. Caminade, A.M. NO. RTJ-05-1966, March 21, 2006
Power of the Secretary of Justice over Prosecutors
1.
J.
Antonino v. Desierto, December 18, 2008, G.R. No. 144492
Enemecio v. Office of the Ombudsman, G.R. No. 146731, January 13, 2004 Baviera v. Zoleta, G.R. NO. 169098, October 12, 2006
Procedure before the Ombudsman
1. 2.
I.
Department of Justice v. Liwag, February 11, 2005, G.R. No. 149311
Lazatin v. Desierto, June 5, 2009, G.R. No. 147097 Angeles v. Merceditas Gutierrez, G.R. Nos. 189161 & 189173, March 21, 2012 Gonzales v. Office of the President, G.R. No. 196231, January 28, 2014
Review of Decisions of the Ombudsman
1. 2.
J.
Venus v. Desierto, 298 SCRA 219
Magcusi v. Sandiganbayan, 240 SCRA 13 Sistoza v. Desierto , G.R. No. 144784, September 3, 2002
Jurisdiction of the Ombudsman
1. 2. 3.
I.
People v. Sandiganbayan, G.R. No. 188165, December 11, 2013
Dino et al. v. Olivarez, G.R. No. 170447, December 04, 2009
Role of the Office of the Solicitor General in Criminal Cases
1. 2.
People v. Duca, October 9, 2009, G.R. No. 171175
Republic v. Iyoy, G.R. NO. 152577, September 21, 2005