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CHAPTER 1

PRELIMINARY CONSIDERATIONS
I.

II.

III.
a.
b.
c.
d.

BASIC CONCEPTS
Concept
Adversarial or Accusatorial System
Liberal interpretation
Due Process; Mandatory
A. Requisites for exercise of criminal jurisdiction
a. Requisites
b. Jurisdiction over subject matter vs. person of accused
c. Jurisdiction over territory; venue in criminal cases
d. When does a court have jurisdiction to try offenses outside
its territorial jurisdiction?
B. Criminal Jurisdiction over Subject Matter
a. Jurisdiction over subject matter
b. How conferred
c. How determined
d. Applicable statute time of institution
e. Use of Imposable Penalty
f. Principle of Adherence of Jurisdiction or Continuing
Jurisdiction
g. Dismissal on jurisdictional grounds; special appearance
h. Raising issue for first time in Supreme Court
C. Criminal Jurisdiction over Person of the Accused
D. Injunction to restrain criminal prosecution
E. Mandamus to compel prosecution
CRIMINAL JURISDICTION OF COURTS
A. MuTC, MCTC, MTC
B. RTC
C. Sandiganbayan
a. Offenses subject to SB jurisdiction
b. Officials & employees with SG 27 or higher
c. Below SG 27
d. SG alone does not determine SB jurisdiction
e. Student regent of state university = public officer
f. Offenses committed in relation to office
g. When actual specific allegations of intimacy b/w offense and
official duties of accused need not appear in info
h. Anti-Money Laundering cases
i. Forfeiture cases
j. Summary procedure in criminal cases
k. Prohibited pleadings, motions and petitions in summary
procedure; civil and criminal case
SYNOPSIS OF CRIMINAL LITIGATION PROCESS
Initial contact with criminal justice system
Filing of info or complaint and other processes
Implied institution of civil action
Provisional remedies

e.
f.
g.
h.
i.
j.
k.
l.

Bail
Arraignment; bill of particulars; suspension of arraignment
Quashal of complaint or info
Pre-trial
Trial; Demurrer
Judgment
Post-judgment remedies
Entry of judgment

CHAPTER II. PROSECUTION OF OFFENSE (RULE 110)


I.

II.

III.

IV.

V.

INSTITUTION OF CRIMINAL ACTIONS


a. Purpose of criminal action
b. How instituted
c. Institution in Manila and other chartered cities
d. No direct filing in RTC and MTC of Manila and other chartered cities
e. Effect of institution on prescriptive period
f. Illustration
g. Rule on prescription for violations of special laws and municipal
ordinances
PROSECUTION OF THE CRIMINAL ACTION
a. Who must prosecute; who controls
b. Private prosecutor appearance
c. Effect of filing of independent civil action on right of offended party to
intervene in prosecution
d. Consequences of rule that criminal action is prosecuted under direction
and control of public prosecutor
e. For violation of special laws
INTERVENTION OF OFFENDED PARTY IN PROSECUTION OF THE CRIMINAL
ACTION
a. Intervention of offended party
b. When private prosecutor may prosecute in absence of public
prosecutor
c. Extent of authority given to private prosecutor when duly authorized to
prosecute
PRIVATE CRIMES
a. Adultery & Concubinage
b. Seduction, Abduction and Acts of Lasciviousness
c. Effect of RA 7610
d. Defamation
COMPLAINT AND INFO
a. Meaning of complaint
b. In whose name and against whom filed
c. Meaning of information
d. Distinctions
e. Infirmity in signature in info
f. Sufficiency
g. Test for sufficiency
h. Questioning sufficiency
i. Objections as to form

j.
k.
l.
m.
n.
o.
p.
q.

VI.

VII.

Date of commission of offense


Determination of nature and character of crime
How to state name of accused
How to state name of offended party who is a natural person

Juridical Person
If name of OP unknown in offenses against property
Designation of offense
Effect of failure to designate offense by statute or failure to mention
provision violated
r. Effect of failure to specify correct crime
s. Statement of qualifying and aggravating circumstances
t. Cause of accusation
u. How to state date of commission
v. Duplicity of the offense
VENUE OF CRIMINAL ACTIONS
a. Committed in train, aircraft or vehicle
b. On board a vessel
c. Covered by Art. 2, RPC
d. How to state place of commission
AMENDMENT OR SUBSTITUTION OF COMPLAINT OR INFO
a. Amendment of info or complaint before plea; no need for leave
b. When leave of court required even if made before plea
c. Amendment after plea
d. When an amendment is formal or substantial
e. Substitution
f. Distinction b/w substitution and amendment

CHAPTER III. PROSECUTION OF CIVIL ACTION (RULE 111)

Implied institution of civil with criminal action


Purposes of civil and criminal
Judgment of conviction includes judgment on civil liability
Real parties in interest in civil aspect
Rules applicable
When civil action may proceed independently; indep. Civil actions and
quasi delicts
Consequences of independent character of actions under Arts. 32, 33,
34 and 2176
When no implied institution of civil action
Reservation of civil action
No reservation of civil action in BP 22
When separate civil action is suspended
Consolidation of civil with criminal
Suspension of prescription period
When no reservation required; when civil action not suspended
Counterclaim, cross-claim, 3rd party claim in criminal action
Rules on filing fees
Effect of death of the accused on civil action

Novation: extinguishment of criminal liability


Effect of acquittal or extinction of penal action on civil action or civil
liability
Effect of payment of civil liability
Effect of judgment in civil case absolving defendant
Subsidiary liability of employer
Concept of prejudicial question
Reason for principle
Requisites of PQ; suspension of crim action
Suspension does not include dismissal
Where to file petition for suspension
Case illustrations

CHAPTER IV. PRELIMINARY INVESTIGATION

Nature; purpose
Nature of right to PI
Right to PI; waivable
PI vs. Preliminary examination
Probable cause
Kinds of determination of PC
Cases requiring PI; when not required
Procedure for cases not requiring PI
Direct filing with prosecutor
Direct filing with MTC
When PI not required even if normally required for that offense
Person arrested lawfully w/o a warrant may ask for a PI
Bail for person lawfully arrested during PI
Questioning absence of PI
Absence of PI; not a ground for motion to quash
Inquest proceedings
Possible options of inquest prosecutor
Inquest must pertain to offense for which arrest was made
Who may conduct PI and determine PC
Procedure for PI must be strictly followed
Initial steps in PI; filing of complaint for PI
Dismissal of complaint or issuance of a subpoena
Filing of counter-affidavit by respondent; no motion to dismiss
Action to be taken if no counter-affidavit
Clarificatory hearing if necessary; no right of cross-examination
Determination by investigating officer
Discretion of prosecutor in filing of complaint or info
Resolution; certification of PI
Effect of absence of required certification
Forwarding of records of case for action; need for approval before filing
or dismissal

Rule when recommendation or dismissal is disapproved


Motion for reconsideration
Appeals to SoJ; filing petition for review
Rules of Court provisions when reso reversed or modified by SoJ
Power of SoJ to reverse resos
Assailing SoJ resolution; pet rev under Rule 43 not allowed; Pet for
certiorari under Rule 65
Appeal to OP
Appeals under Rule 43 and Rule 45
Records supporting the info or complaint filed in court
Action of judge upon filing of complaint or info
When warrant of arrest not necessary
Withdrawal of info already filed in court
Some judicial pronouncements on PI

CHAPTER V. ARREST, SEARCH AND SEIZURE


I.

II.

ARREST (RULE 113)


Arrest; how made
Requisites for issuance of arrest warrant
Preliminary inquiry (examination) vs. PI
Method of arrest w/ a warrant; warrant need not be in possession of
officer
No unnecessary violence
Authority to summon assistance
When person to be arrested inside a building
When warrantless arrest is lawful
Who may make warrantless arrest; duty of officer; citizens arrest
Basis of in flagrante delicto exception; requisites
Existence of an overt act of a crime in the presence of person making
arrest
Hot Pursuit exception
Method of arrest without a warrant
Time of making arrest
Rights of person arrested (RA 7438)
Custodial investigation; expanded concept
Penalties under RA 7438
Effect of an illegal arrest on jurisdiction of the court
Effect of admission to bail on objections to an illegal arrest
Waiver of illegality of arrest; effect of illegal arrest
Persons not subject to arrest
SEARCHES AND SEIZURES (RULE 126)
Nature of search warrant
Constitutional provision
Arrest vs. search and seizure
Definition of SW under Rules

Application; where to file


SW involving heinous crimes and others
Ex parte application for SW
Requisites for issuance
Probable cause
Probable cause to arrest and to search
How examination conducted by judge
Particular description of place or person
Particular description of items to be seized; general warrants
Ownership of property seized not required
Extent of search
Search of 3rd persons not named in warrant
Issuance and form of SW
Duration of validity
Time of making search
Manner of making search
Rule if officer refused admittance; knock and announce rule
Duties of officer after search and seizure; delivery and inventory
Duty of judge; return and other proceedings
Duty of custodian of log book
Objection to issuance or service of a warrant
Where to file motion to quash a SW or to suppress evidence
Who may assail issuance of a SW
Petition for certiorari for unwarranted quashal of a SW
Exceptions to SW requirement
Search incident to a lawful arrest
Parameters of SITALA; immediate possession and control rule
Searches of moving vehicles
Check points
Buy bust operations; warrant not needed
Entrapment and instigation
Applicable tests in a buy-bust operation; adoption of the objective
test
Effect of absence of prior surveillance before a buy-bust operation
Effect of absence of record in police blotter
Plain view doctrine
The inadvertence requirement under plain view doctrine
Other cases
Terry searches or stop and frisk; history of doctrine
Summary of Terry doctrine
Terry search vs. sitala
Bond to ensure return of seized items
Consented Searches
Effect of illegal search and seizure; fruit of poisonous tree doctrine
Civil damages; criminal liability

Authority of Executive Judge and Vice Executive Judge re search


warrants in Manila and QC

CHAPTER VI. BAIL (RULE 114)

VIII.

Meaning, nature and purpose


Constitutional basis of right to bail
In military
In Extradition proceedings
Exception to no bail rule in extradition
Purganan case reexamined
In deportation proceedings
Who furnishes
Obligation and right of bondsman; arrest w/o a warrant
Applicant must be in custody
To guarantee appearance of witnesses
For those not yet charged
Effects of failure to appear at trial
Court cant require arraignment before grant of bail
Forms
Guidelines in fixing amount
Duration
No release or transfer of person in custody; exceptions
When not required
When not allowed
When matter of right
Remedy when denied
When matter of discretion
Where filed when matter of discretion and after conviction by RTC
When application after conviction by RTC denied
Bail pending appeal where penalty imposed exceeds 6 years
Hearing of application in offenses punishable by death, reclusion
perpetua, or life imprisonment; burden of proof in bail application
Duties of trial judge in petition in offenses punishable by reclusion
perpetua, life imprisonment or death
Evidence in bail hearing automatically reproduced at trial
Capital offenses
Effect of RA 9346 on graduation of penalties
Where application or petition for bail may be filed
Increase or reduction
Bail for accused originally released without bail
Forfeiture
Cancellatio n of bail; remedy
Application for or admission to bail not a bar to objections on illegal
arrest, lack of or irregular PI
RIGHTS OF THE ACCUSED (RULE 115)

Rights at trial
Presumption of innocence
Prima facie presumptions of guilt
Proof beyond reasonable doubt
Prosecution must rest on its own merits
Effect of failure to identify perpetrator
Failure to comply with post-seizure procedures set by law
The equipoise rule
Right to be informed of the nature and cause of accusation
Right to counsel of accused and of persons arrested, detained or under
custodial investigation; RA 7438
Meaning of custodial investigation; extended meaning
Rights of persons under CI; CI report
Right to choose counsel is not plenary; waivable
Competent and independent counsel
Right to counsel in admin cases
Extrajudicial confessions; rights of persons under CI
Right to speedy trial; speedy disposition of cases
When right to speedy disposition violated
Purpose of time limits set by law or rules; principle of speedy trial
relative term
Remedy for violation of speedy trial
Factors for granting continuance
Guidelines to determine violation of right to speedy trial and speedy
disposition of cases; balancing test
Approaches to speedy trial
Privilege against self-incrimination
Privilege applies only to natural persons
Privilege protects a person from testimonial compulsion or evidence of
a communicative nature
Force re-enactments
Meaning of compulsion
Writing exemplars or samples
Questions which witness may refuse to answer
Privilege extends to lawyers advising a witness to invoke privilege
Persons who are mere custodians of documents cant claim
Proceedings in which privilege may be asserted
Distinctions b/w claim of privilege by accused and by a mere witness
Waiver of privilege
Privilege wont apply when witness given immunity from prosecution
Immunity statutes; examples
Right to defend himself; right to be heard
Right to testify as a witness
Right to confront and cross-examine witnesses against him
Right to use testimony of a deceased witness

Right to compulsory process


Right to appeal

CHAPTER VIII. ARRAIGNMENT AND PLEA (RULE 116)


A. BASIC CONCEPTS
Meaning and importance of arraignment
Duty of court before arraignment
Options of accused before arraignment and plea
Plea made before a court with no jurisdiction
Arraignment under an amended info; substituted info
B. HOW ARRAIGNMENT AND PLEA ARE MADE
Where made
How made
When made
After submission of case for decision
Record of arraignment
Presence of accused
Presence of offended party
When plea of not guilty entered
Plea of guilty is a judicial confession; effect on aggravating
circumstances
Exception to admission of aggravating circumstances
Plea of guilty to a lesser offense; plea bargaining
Requisites for a plea of guilty to a lesser offense
Plea of guilty to a lesser offense after arraignment; during trial proper
No need for amendment of information/complaint
When plea of guilty to a lesser offense is not mitigating
Plea of guilty to a capital offense
Meaning of searching inquiry
Plea of guilty to a non-capital offense
Improvident plea of guilty
Production or inspection of material evidence
CHAPTER IX. MOTION TO QUASH (RULE 117)

Time for filing


Form and contents
Not a demurrer to evidence; distinctions
Court shall consider only grounds stated in motion
Motion to quash; grounds
Execution of affidavit of desistance not ground
Absence of probable cause not ground
Matters of defense not grounds
Absence of PI not ground
Test in appreciating MTQ
Effect of failure to assert any ground

Grounds not waived


Denial
When court shall order amendment of info or complaint
Order sustaining MTQ is not a bar to another prosecution; exceptions
Double jeopardy
Effects of double jeopardy; on criminal and civil aspects
Double jeopardy; requisites
Court must have competent jurisdiction
Curing erroneous acquittal; GADLEJ
PI; double jeopardy not applicable; res judicata and DJ; res judicata in
prison grey
Admin cases; DJ not applicable; valid complaint or info
Accused shouldve pleaded to charge (shouldve been arraigned)
Accused has been convicted or acquitted, or the case against him
dismissed or terminated w/o his express consent
Dismissal or termination must be w/o express consent of accused
Dismissals equivalent to acquittal even w/ consent of accused; speedy
trial; demurrer to evidence
DJ in quasi-offenses
When DJ shall not apply despite a prior conviction
Meaning of same offense; when not the same
Provisional dismissal; requisites
Time bar rule; when provisional dismissal becomes permanent
Effect of People v. Lacson
Withdrawal of info distinguished from motion to dismiss

CHAPTER X. PRE-TRIAL, TRIAL AND DEMURRER TO EVIDENCE (RULES 118-119)


A. PRE-TRIAL (RULE 118)
Courts in which pre-trial is mandatory
Matters to be considered during pre-trial; purposes
When held
Non-appearance in pre-trial conference; consequences
Duty of Branch Clerk of Court
Recording of minutes
Duty of judge before pre-trial conference
Duty of judge when plea bargaining is agreed upon; prosecution and
offended party agree to plea
Duty of judge when plea bargaining fails
Asking questions during pre-trial
Pre-trial agreements; signing of admissions made
Pre-trial order
Pre-trial in civil case vs. pre-trial in criminal
Effect of pre-trial order
Judicial Dispute Resolution (JDR); purposes
Stages in judicial proceeding with JDR; confidentiality

B. TRIAL

Cases subject to mediation for JDR


Salient features of suggested JDR process
Court-annexed mediation guidelines
Discovery procedures in criminal cases
(RULE 119)
When trial shall commence
Summary of periods
Time to prepare
Effect of not bringing accused to trial w/in prescribed period
Delays to be excluded from computing period for commencement;
examples
When delay or suspension of trial justified by reason of absence of a
witness
Continuous trial
Trial period
Postponement or continuance
Factors to be considered for granting continuances or postponements
Prohibited grounds for a continuance
Conditional examination of witnesses even before trial
How to secure appearance of a material witness
Discharge of accused to be a state witness; requisites
Evidence adduced during discharge hearing
Effect of discharge of an accused to be a state witness; acquittal
Mistake in charging proper offense
Order of trial
Modification of order of trial; reverse trial
Reopening of proceedings
Trial in absentia
Instances when presence of accused is required
Some rules on witness credibility
Comments and questions of the judge during trial
Corpus delicti in criminal cases; murder or homicide
Lack of formal offer of evidence during trial
C. DEMURRER TO EVIDENCE (RULE 119)
Demurrer to evidence
With Leave of court
Without leave of court
Not every MTD is a demurrer to evidence
Granting of demurrer is an acquittal
Demurrer in criminal v. civil case
CHAPTER XI. JUDGMENT, REMEDIES AFTER JUDGMENT OF CONVICTION AND
PROVISIONAL REMEDIES
I.

JUDGMENT (RULE 120)


Meaning of judgment

II.

III.

Requisites
Contents of judgment of conviction; acquittal
Rule when 2 or more offenses in a single info or complaint (duplicitous)
Judgment rendered by judge who did not hear case
Variance doctrine; variance b/w allegation and proof
When offense includes or is included in another
Variance in mode of commission
Promulgation of judgment
How accused notified of promulgation
Rule if accused fails to appear in promulgation
Modification of judgment
When judgment becomes final
Entry of judgment
NEW TRIAL OR RECONSIDERATION (RULE 121)
Filing motion for new trial or recon
Grounds for new trial
Requisites for newly discovered evidence
Grounds for reconsideration
Form of motions; notice
Notice of motion
When hearing of motion is required
Effects of granting new trial or recon
The Neypes rule
APPEALS (RULES 122, 124, 125)
Appeal not a natural right
Who may appeal
Subject matter for review on appeal
Change of theory on appeal
Factual findings; credibility of witnesses
Where to appeal
How to appeal
When taken
Service of notice of appeal
Transmission of papers to appellate court (RTC)
Withdrawal of appeal
Appeal not mooted by accuseds release on parole
Effect of appeal by any of several accused
Appeal from civil aspect
Period to apply for probation
Stay of execution
Power of CA to receive evidence
Dismissal of appeal by CA
Ground for reversal of judgment or its modification
Review of decisions of CA
Applicability of rules on appeal in the CA to the SC

IV.

Rule if opinion of SC en banc is equally divided


When preliminary attachment available
PROVISIONAL REMEDIES IN CRIMINAL CASES
Availability