CRIMINAL PROCEDURE Third Term, AY 2012 - 2013 Atty.

Rosario Olivas-Gallo College of Law, De La Salle University

COURSE OUTLINE SECTION 1. INTRODUCTION A. Importance of criminal procedure 1. Art. III, Constitution 2. The core human rights treaties: UN Fact Sheet No. 30 (See website of Office of the United Nations High Commissioner for Human Rights) B. Coverage of basic criminal procedure Class work by team: Prepare non-linear outline of Rules 110 to 127. Class should divide into six teams and work on three Rules each. One sheet of paper per Rule. Due: Meeting 2. Submit by posting on our Facebook Group. SECTION 2. POLICE INVESTIGATION STAGE A. When does custodial investigation begin? B. Rights of persons arrested, detained and under custodial investigation C. Criminal liabilities for: 1. Arbitrary arrest 2. Delay in delivery of detained persons 3. Violation of rights of persons arrested, detained and under custodial investigation D. Liability for damages for violation of rights and liberties E. When does right to counsel set in? 1. Extrajudicial confession 2. Police line-up 3. Reenactment 4. Confessions before the media Read: Antonio R. Bautista. BASIC CRIMINAL PROCEDURE (2002), Chapter 2
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Constitution, Art. III, Sec. 2, 3, 12, 19, 20 Republic Act 7438 Revised Penal Code Art. 124, 125 Civil Code, Art. 32 Jesalva vs. People, GR No. 187725 (2011) People vs. Baloloy, GR No. 140740, 381 SCRA 31 (2002) People vs. Ayson, GR No. 85215, 175 SCRA 216 (1989) People vs. Escordial, 373 SCRA 585 (2002) People vs. Hilarion Teves, 356 SCRA 14 (2001) People vs. Deorito Porio, 376 SCRA 596 (2002) People vs. Andan, 269 SCRA 95 (1997) PNP Legal Advisory on voluntary surrender and extrajudicial confessions http://www.ls.pnp.gov.ph/April%202012.pdf NOTE: Additional cases and readings will be assigned throughout the course

SECTION 3. ARREST A. General rule: warrant must be issued B. Requisites and procedure for issuance of warrant of arrest; probable cause test C. Which court has jurisdiction to issue; where can warrant be served D. Manner of execution of warrant of arrest E. Grounds for warrantless arrest F. Inquest procedure G. John Doe warrants H. Consequence of invalid in flagrante delicto arrest I. Special rules on juveniles in conflict with law Read: Bautista, Chapter 3 Constitution, Art. III, Sec. 2 Revised Penal Code, Art. 269 New Civil Code, Art. 32(4) Rule 112, Sec. 5, Sec. 6 Rule 113, Sec 5, Sec. 13 Rule 114, Sec. 26 Rule on Juveniles in Conflict with Law, Sec. 6, 7 Rule on Commitment of Children Rule 135, Sec. 3; BP 129, Sec. 37, last par. Sec. 38(2) DOJ Dept. Circular No. 61, New Rules on Inquest Allado vs. Diokno, 232 SCRA 192 (1994) AAA vs. Carbonell, GR No. 171465, June 8, 2007 Roberts, Jr. vs. Court of Appeals, GR No. 113930, (1996) Pangandaman vs. Casar, 159 SCRA 599 (1988)
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People vs. Nasario Molina, 352 SCRA 174 (2001) People vs. Dequina, GR 177570 (2011) People vs. Ng Yi Bun, GR 180452 (2011) Abraham Miclat vs. People, GR 176077 (2011) People vs. Rolando S.Delos Reyes, GR 174774 (2011) Pollo vs. Constantino-David et al, GR 181881 (2011) People vs. Raquero, GR 186529 (2010) People vs. Aruta, GR 120915 (1998)

SECTION 4. SEARCH AND SEIZURE A. General rule: Warrant must be issued B. Particularity of description, place, item C. Requisites and procedure for issuance D. Which court has jurisdiction to issue; where can warrant be served E. Procedure for serving warrant F. Warrantless searches: when allowed 1. Incident to lawful arrest 2. Plain view exception 3. Check point search 4. Consented search 5. Stop and frisk 6. Others: Regulatory searches, automobile exception, customs searches, inventory exception G. Consequences of unlawful search Read: Bautista, Chapter 4 Constitution, Article III Sec. 2 Rule 126 Stonehill vs. Diokno, 20 SCRA 383 (1967) Bache vs. Ruiz, 37 SCRA 823 People vs. Salanguit, 356 SCRA 683 (2001) Al-Ghoul vs. Court of Appeals, GR No. 126859, Sept. 4, 2001 Social Justice Society vs. Dangerous Drugs Board, GR No. 157870, 3 November 2008 Nala vs. Barroso, GR No. 153087, Aug. 7, 2003 People vs. Musa, 217 SCRA 597 (1993) People vs. Ruben Burgos, 144 SCRA 1 (1986) Terry vs. Ohio, 392 US 1 (1968) Posadas vs. Court of Appeals, 188 SCRA 288 (1990) SECTION 5. PRELIMINARY INVESTIGATION 1. Procedure
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2. Appeal 3. What can Ombudsman investigate? 4. Can preliminary investigation be ordered even after trial has begun? 5. Conduct of preliminary investigation when inquest investigation is null and void Read: Bautista, Chapter 5 Rule 112 BP 129, Sec. 37 Crespo vs. Mogul, 151 SCRA 462 (1987) San Agustin vs. People, 437 SCRA 392 (2004) George Uy vs. Sandiganbayan, 354 SCRA 651 (2001) Rolito Go vs. CA, 206 SCRA 138 (1992) Sausi vs. Querubin, 62 SCRA 155 (1975) Budiongan vs. De La Cruz, GR 170288 (2006) Olivas vs. Ombudsman, GR No. 102420 (1994) SECTION 6. JURISDICTION AND VENUE 1. Jurisdiction of 2. Jurisdiction of 3. Jurisdiction of 4. Jurisdiction of 5. Jurisdiction of 6. Venue Read: Bautista, Chapter 6 Constitution, Art. VIII, Sec. 5(2)(d) BP 129, as amended Republic Act No. 8249, Sec. 4 Rule 110, Sec, 15 Rule 124, Sec. 12 as amended by SC Circular AM No. 00-5-03-SC (2004) SC Circular AM No. 00-5-03-SC effective Oct. 15, 2004 (Amendment to Revised Rules of Criminal Procedure to Govern Death Penalty Cases) PD 1606 as amended by RA 8249 Sec. 7 People vs. Grospe, 157 SCRA 154 (1988) People vs. Munar (1973) Bonifacio v. RTC, GR 184800, (2010) Ambil v. Sandiganbayan, GR 175457 (2011) Municipal / Metropolitan / Municipal Circuit Trial Courts Sandiganbayan Regional Trial Courts Court of Appeals Supreme Court

SECTION 7. COMPLAINT OR INFORMATION Bautista, Chapter 7

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Rule 110 1991 Revised Rules on Summary Procedure Ramiscal vs. Sandiganbayan, GR Nos. 140576-99, Dec. 13, 2004 Uy vs. Sandiganbayan, 354 SCRA 651 (2001) Sta. Rosa Mining Co. vs. Zabala, GR No. 44723, Aug. 31, 1987, 153 SCRA 367 (1987) Tan vs. Gallardo , 73 SCRA 306 (1976) People vs. Dela Cruz, 383 SCRA 410 (21 June 2002) People vs. Godofredo Teves, 310 SCRA 788 (20 July 1999) People vs. Mascarinas, 382 SCRA 349 (2002) Nilo Hipos vs. Hon. Teodoro Bay, GR No. 174813-15 ( 2009) Albert v. Sandiganbayan, GR 164015 (2009)

SECTION 8. THE CIVIL ASPECT Bautista, Chap. 8Rule 111 PD 1606, Section 4 as amended by RA 8249 last paragraph Silangan Textile Mills vs. Hon. Avelino Demetrio, GR No. 166719 (12 Mar. 2007) Yakult Philippines vs. Court of Appeals, GR No. 91856 (1990) Alejandro Ras vs. Hon. Rasul, GR No. L-50441-42 (1980) Manuel R. Jimenez vs. Hon. Alberto Averia, GR No. L-22759 (29 Mar. 1968) People vs. Rafael Jose Consing, Jr., GR No. 148193 (2003) Jeffrey Reso Dayap vs. Pretzy-Lou Sendiong, GR No. 177960 (29 Jan. 2009) Provisional Remedies: 1. Preliminary attachment (Rule 127, Sec. Rule 57) 2. Lis pendens 3. Preliminary injunction 4. Receivership 5. Replevin 6. Support pendente lite

SECTION 9. BAIL Bautista, Chapter 9 Constitution, Art. III, Sec. 13 Rule 114 RA 6036, Section 1 Government of Hong Kong vs. Olalia, GR No. 153675 ( 2007) Government of USA vs. Guillermo Purganan, GR No. 14851 (24 Sept. 2002) Francisco Yap vs. Court of Appeals, GR No. 141529 (2001) Manolet O. Lavides vs. CA, GR No. 129670 (1 Feb. 2000) Miguel Paderanga vs. CA, GR No. 115407 (28 Aug. 1995) Guillerma De Los Santos-Reyes vs. Montesa Jr., AM No. RTJ-93-983 (7 Aug. 95) People vs. Hon. Procoro Donato, GR No. 79269 (1991)

SECTION 10. ARRAIGNMENT AND PLEA Bautista, Chapter 10 Constitution, Art. III, sec. 14(2) Rule 116 RPC, Art. 13, par. 7 Ramon A. Albert vs. Sandiganbayan, GR No. 164015 (2009) Rodolfo B. Baygar vs. Judge Panontongan, AM No. MTJ-08-1699 (17 Mar. 2009) People vs. Melchor Estomaca, GR No. 117485-86 (1996) People vs. Durango, 329 SCRA 2000 (5 Apr. 2000) People vs. Alberto Chua, 366 SCRA 283 (1 Oct. 2001) People vs. Danilo Espidol, GR No. 150033 (12 Nov. 2004) People vs. Alcalde, 382 SCRA 621, GR No. 139225-28 (29 May 2002)

SECTION 11. QUASHAL Bautista, Chapter 11 Rule 117 Jumaquiao vs. Hon. Villarosa, GR No. 165924 (19 Jan. 2009) Bernie G. Miaque vs. Hon. Virgilio Patag, GR No. 170609-13 (30 Jan. 2009) Pat. Herrera y Baltoribio vs. Hon. Sandiganbayan, GR No. 119660-61 (13 Feb. 2009) People vs. Hermenegildo Dumlao, GR No. 168918 (2009) People vs. Judge Nitafan & Imelda Marcos, 302 SCRA 424 (1999) John Eric Loney vs. People, GR No. 152644 (2006) Galman vs. Sandiganbayan, GR No. 72670 (12 Sept. 1986) People vs. Galicia, GR No. 159261 (21 Feb. 2007)

SECTION 12. PRE-TRIAL AND TRIAL Bautista, Chapter 12 Rule 115 - Rights of accused at trial Rule 118 - Pre-trial Rule 119 - Trial RA 6981 - Witness Protection, Security and Benefit Act A.M. No. 12-8-8-SC - Judicial Affidavit Rule Bernardo vs. People, GR No. 166940 (4 April 2007) People vs. Verceles, 388 SCRA 515 (2002) People vs. Licayan, 378 SCRA 281 (2002)

SECTION 13. JUDGMENT Bautista, Chapter 13 Constitution, Art. VIII, Sec. 14, par. 1 Rule 120 PD 968 as amended, Sec. 4
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Marietta Duque vs. Judge Garrido, AM RTJ-06-2027 (2009) Belfast Surety vs. People, 111 SCRA 385 (1982) Yao vs. Court of Appeals, 344 SCRA 202 (2000) Emilio Francisco vs. Court of Appeals, GR No. 45674 (1983) Samson vs. CA, GR No. 10364 and 10376 (31 March 1958)

SECTION 14. NEW TRIAL OR RECONSIDERATION Bautista, Chapter 14 Rule 121 Rule 119, Sec. 24 Custodio vs. Sandiganbayan, GR No. 96027-28 (2005) Potot vs. People, 383 SCRA 448 (2002) Jose vs. Court of Appeals, 70 SCRA 257 (1976)

SECTION 15. APPEAL Bautista, Chapter 15 Rule 122 Rule 124 Tan vs. People, 381 SCRA 74 (2002) - Read including the dissenting opinion People vs. Madali, 349 SCRA 104 (2001) People vs. Sandiganbayan, GR No. 140633 (4 Feb. 2002) People vs.Josefino Fernandez, GR No. 80481 (27 June 1990) Teodoro vs. Court of Appeals, 258 SCRA 603 (11 July 1996)

SECTION 16. POST-CONVICTION REVIEW Bautista, Chapter 16 Certiorari, prohibition, mandamus Habeas corpus Galman vs. Sandiganbayan, 144 SCRA 43 (1986)

COURSE REQUIREMENTS: 1. Attendance and class participation (see below for details) - 30% 2. Mid-term examination - 30% 3. Final examination - 40% CLASS PARTICIPATION Class participation will consist of recitations, handwritten comparative case analysis, discussion board on Facebook, reaction papers, group work and other activities and assignments throughout the course. 1) HANDWRITTEN COMPARATIVE CASE ANALYSIS
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Each time we start a new section, each of you will be expected to submit a handwritten comparative analysis of all the cases assigned for that section. This is not a mere listing of cases and rulings. It should be a real COMPARATIVE ANALYSIS. For your guidance, see: http://www.ssag.sk/SSAG%20study/AJL/How%20to%20write%20a%20Comparative%20essay.pdf This is required for three reasons: First, this will force you to read all the cases. Second, this will train you to take a critical look at the cases, to see the similarities and differences, so that you will remember the principles better. Third, this will force you to improve your handwriting in preparation for the bar exams. Every handwritten analysis must be on yellow pad, single space with a one-inch margin on the left side, with a minimum of three pages. There should be an introduction, a body and a conclusion, as stated in the above link. All comparative analysis papers will be graded, equivalent to 10 points each. These will be collected within the first five minutes of the class meeting when we start with a new section. After that, papers will no longer be accepted, and the student will get a 0 for that assignment. 2) DISCUSSION BOARD (FACEBOOK GROUP) All class members are expected to join the Facebook Group DLSU Crim Pro, AY 2012-13. From time to time, links to articles and videos will be posted with questions involving criminal procedure. Students are expected to give their comments as threads to the discussion. Students are also encouraged to post articles, videos and other links that are relevant to the topic, to spur discussion. Active involvement in these discussions will count towards class participation. 3) CURRENT EVENTS MONITORING Students are encouraged to read the newspapers everyday and identify news articles that involve criminal procedure. Links to these articles may be posted on our Facebook page, so that the principles and rules studied in class will come to life. OTHER IMPORTANT RULES 1) LAPTOP, TABLETS

You can use laptops and tablets during class only for taking and reading notes. If you are caught playing games, sending email, visiting social networking sites, or otherwise using laptops and tablets for other purposes, you will receive a failing grade for recitation on that day and you will no longer be allowed to use your laptops and tablets for the rest of the term. If you are caught playing games on your mobile phone or other devices during class, you will get a failing grade for recitation on that day and you will not be allowed to use your mobile devices during class for the rest of the term. 2) READING NOTES AND MATERIALS DURING RECITATION

If you read your notes and materials during recitation, you will get a failing grade for the day. You are allowed to glance at your notes. To glance means to look at your notes for not more than one second at a time. 3) ZERO FOR NOT READING CASE

If you are called for recitation and you did not read the case, you will get a zero for that day.
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4)

DICTATING DURING RECITATION

If your classmate dictates answers to you while you are reciting, both of you (dictator and dictatee) will get a zero for recitation on that day. 5) RANDOM RECITATIONS

All recitations will be random. In other words, no particular order will be followed. 6) TALKING DURING CLASS WHEN NOT RECITING

If you talk during class and you are not reciting, you will be called for recitation. 7) GRADES FOR RECITATIONS

All grades for recitations will be considered in determining class participation. Grading system is as follows: 10 Perfect answer 9 Almost perfect 8 More correct than wrong answers 7.5 Same number of correct and wrong 3 More wrong than correct answers 0 Did not read case, caught playing 0 Dictated answers, received dictation 0 Absent when called 0 Using laptop, tablet, mobile device as stated above 8) SPECIAL EXAMS

Special exams will be given only under extraordinary circumstances, and when the absence is justified, as shown by supporting documents. 9) EXAM PAPERS

There should be no special markings on exam papers (different colors of ink, folded pages, names, symbols and the like). Papers with such markings will be automatically be given zero grade. CONSULTATION You may consult me throughout the term personally or by email via profchato@gmail.com. My mobile number is 09172002009.