Académique Documents
Professionnel Documents
Culture Documents
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
II.
III.
IV.
V.
j.
k.
l.
m.
n.
o.
p.
q.
VI.
VII.
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
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
II.
VIII.
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
B. TRIAL
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.