REMEDIAL LAW REVIEW 2 Criminal Procedure (Atty. Ferdinand Tan) INTRODUCTION I.

Definition Remedial Law - That branch of law which prescribes the method of enforcing rights or obtaining redress for their invasions. Substantive Law - That branch of the law which creates, defines, or regulates rights concerning life, liberty or property, - Or the powers of agencies or instrumentalities for the administration of public affairs. Substantive Law Part of the law which creates, defines, or regulates rights concerning life, liberty, or property or the powers of agencies or instrumentalities for the administration of public affairs Makes vested rights possible Prospective in application Cannot be enacted by SC Remedial Law Refers to the legislation providing means or methods whereby causes of action may be effectuated, wrongs redressed, and relief obtained (adjective law) Has no vested rights Governs rights and transactions which took place (retroactive) SC is expressly empowered to promulgate procedural rules

Seeks to establish a status, right, or a particular fact.

Crime it is an act committed, or omitted in violation of a public law. Felony it is an act or omission in violation of the Revised Penal Code. Infraction it is an act or omission in violation of an ordinance. Offense it is an act or omission in violation of a special law. Difference between public crime and private crime: - In public crime, the offended party has no control over the criminal liability and responsibility of the offending party; while in private crime, the offended party has control over the criminal liability or responsibility over the offending party. Sources of Criminal Procedure: 1. Spanish law of criminal procedure 2. General order No. 58, dated 4/23/1900 3. Act no. 194 Amendatory Acts passed by Philippine Commission. 4. Various quasi-acts Phil. Bill of 1902, Jones Law, Tydings-Mcduffie Law 5. Rules of Court of 1940, Rules of Criminal Procedure of 1964, 1985, and 1988. 6. Various Republic Acts, Batas Pambansa, and Presidential Decrees a. BP 129, as amended by RA 7691 Jurisdiction b. PD 1606, as amended by PD 1861 and RA 8249 Sandiganbayan c. RA 8493 Speedy Trial Act of 1998 d. RA 296 Judiciary Act of 1948 e. RA 240 rule on attachment now embodied in Rule 127 f. PD 911, as amended by RA 732 Authorizing prosecuting fiscals to conduct a preliminary investigation. g. RA386 or the Civil Code particularly Article 32, 33, and 34. h. RA 8369 Family Courts Act of 1997 i. RA 6770 the Ombudsman Act of 1989

Criminal Procedure - A proceeding whereby the State - Prosecutes a person - For an act or omission punishable by law. Civil Procedure - It is one whereby a party sues another - for the enforcement or protection of a right, - Or the prevention or redress of a wrong. Special Proceeding - It is a remedy whereby a party

j. 7. 8. 9. 10. 11. 12. 13.

RA 7348 Act defining rights of person arrested, detained or under custodial investigation Supreme Court decisions Circulars issued a. DOJ 61 b. DOJ 70 Revised Rules of Criminal Procedure as amended (AM No. 00-5-03-SC, 12/1/2000) Rule on Juveniles in Conflict with the Law Rule on the Examination of a Child Witness 1987 Constitution Rule on Evidence Related to

And the persons or things to be seized.

Article III, Section 6 The liberty of abode and of changing the same within the limits prescribed by law Shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of National security, Public safety, Or public health, as may be provided by law.

II. Constitutional Provisions Criminal Procedure Article II, Section 11 -

Article III, Section 11 Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

The State values the dignity of every human person and guarantees full respect for human rights.

Section 12. 1. Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. 2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. 3. Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. 4. The law shall provide for penal and civil sanctions for violations of this Section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of

Article II, Section 27 The State shall maintain honesty and integrity in the public service And take positive and effective measures against graft and corruption.

Article III, Section 1 No person shall be deprived of life, liberty, or property without due process of the law nor shall any person be denied the equal protection of the laws

Article III, Section 2 The right of the people to be secure in their persons, houses, papers, and effects Against unreasonable searches and seizures of whatever nature And for any purpose shall be inviolable, And no search warrant or warrant of arrest shall issue Except upon probable cause to be determined personally by the judge After examination under oath or affirmation or the complainant And the witnesses he may produce, And particularly describing the place to be searched

the writ of habeas corpus is suspended. Excessive bail shall not be required. Section 14. 1. No person shall be held to answer for a criminal offense without due process of law. 2. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable. Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it. Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. Section 17. No person shall be compelled to be a witness against himself. Section 18. 1. No person shall be detained solely by reason of his political beliefs and aspirations. 2. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Section 19. 1. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty

already imposed shall be reduced to reclusion perpetua. 2. The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. Section 20. No person shall be imprisoned for debt or non-payment of a poll tax. Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Section 22. No ex post facto law or bill of attainder shall be enacted. Notes: 1. Bill of Attainder a legislative act that inflicts punishment without trial. 2. Ex Post Facto law a law that makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act. Article VI, Section 30 No law shall be passed increasing the appellate jurisdiction of the Supreme Court without its advice and concurrence. ARTICLE VIII JUDICIAL DEPARTMENT Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. Section 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts but may not deprive the Supreme

Court of its jurisdiction over cases enumerated in Section 5 hereof. No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members. Section 5. The Supreme Court shall have the following powers: 1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. 2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in: a. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question. b. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. c. All cases in which the jurisdiction of any lower court is in issue. d. All criminal cases in which the penalty imposed is reclusion perpetua or higher. e. All cases in which only an error or question of law is involved. 3. xxx 4. Order a change of venue or place of trial to avoid a miscarriage of justice. 5. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

Section 13. The conclusions of the Supreme Court in any case submitted to it for the decision en banc or in division shall be reached in consultation before the case the case assigned to a Member for the writing of the opinion of the Court. A certification to this effect signed by the Chief Justice shall be issued and a copy thereof attached to the record of the case and served upon the parties. Any Member who took no part, or dissented, or abstained from a decision or resolution must state the reason therefor. The same requirements shall be observed by all lower collegiate court. Section 14. No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based. No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefor. Article IX-A Section 7. xxx. Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof. Article XI Section 4. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law. Section 5. There is hereby created the independent Office of the Ombudsman, composed of the Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may likewise be appointed. Section 6. The officials and employees of the Office of the Ombudsman, other than the Deputies, shall be appointed by the Ombudsman, according to the Civil Service Law. Section 7. The existing Tanodbayan shall hereafter be known as the Office of the Special Prosecutor. It shall continue to function and exercise its powers as now or hereafter may be provided by law, except

those conferred on the Office of the Ombudsman created under this Constitution. III. Jurisdiction 1. Definition Jurisdiction - The power of the court to hear, try, and decide cases - And to carry its judgments into effect. Criminal Jurisdiction - the power of the court to hear try and decide a particular offense - and to impose the punishment for it.

Or territory where the vessel passed during such voyage Subject to the generally accepted principles of international law

2. How is Jurisdiction Acquired - By filing it in the place where the crime or any of its essential ingredients should have taken place. - Rule 110, Section 15: Place Where the Action is to be Instituted a. General Rule - Subject to existing laws, the criminal action shall be instituted - And tried in the court of the municipality or territory - Where the offense was committed or where any of its essential ingredients occurred. b. Exception 1 - Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip, - The criminal action shall be instituted and tried - In the court of any municipality or territory - Where said train, aircraft, or other vehicle passed during its trip - Including the place of departure and arrival. c. Exception 2 Where an offense is committed On board a vessel in the course of its voyage, The criminal action shall be instituted and tried In the court of the first port of entry or of any municipality

d. Exception 3 - Crimes committed outside the Philippines but punishable under Article 2 of the RPC - Shall be cognizable by the court where the criminal action is first filed. Note: Crimes contemplated under Article 2 of the Revised Penal Code a. Should commit an offense while on a Philippine ship or airship b. Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the Government of the Philippines. c. Should be liable for acts connected with the intro into these islands of the obligations and securities mentioned in the presiding number. d. While being public officers or employees, should commit an offense in the exercise of their functions. e. Should commit any of the crimes against national security and the law of nations. Exception 4 Libel (at the election of the offended party in the province or city) a. Where the libelous article is printed and first published. b. If one of the offended parties is a private individual, where he or she actually resides at the time of the commission of the crime. c. If the offended party is a public official, where the latter holds office at the time of the commission of the offense. Exception 5 - The Supreme Court shall have the power to order a change of venue or place of trial to avoid miscarriage of justice. Exception 6 - In BP 22, the criminal action shall be filed in the place where the check was dishonored or issued. Exception 7 - In Illegal Recruitment, at the option of the offended party, the place or the city: a. Where the crime is committed, or

b. Where offended party actually resides at the time of the commission of the offense. Rule on Complex Crimes - Jurisdiction over the whole complex crime is lodged with the trial court having jurisdiction to impose the maximum and most serious penalty imposable of an offense forming part of the complex crime. - It must not be divided into component offenses and must be prosecuted integrally. Rule on Continuing Crimes - Continuing Crime consummated in one place, yet by the nature of the offense, the violation of the law is deemed continuing. (Ex. Libel, Estafa) - The courts of the territories where the essential ingredients of the crime took place have concurrent jurisdiction. 3. Kinds of Jurisdiction Exclusive the power of the court to hear and try cases, and to decide on the matter to the exclusion of other courts. Original the power of the court to hear and try cases, and to decide on the matter in the first instance. Concurrent/Confluent/Coordinate the power of different courts to hear the same subject matter at the same time and place. If there are concurring courts, the first to acquire jurisdiction will exclude the others. Appellate the power of higher courts to hear and resolve cases decided by the lower court elevated for judicial review. General the power of the court to hear all kinds of cases, except those withheld from plenary powers of the court. Limited power of the court to hear only special/particular cases. Territorial the power of the court to hear and decide cases within the limits of the place where the court is located.

Extra-Territorial the power of the court to hear and decide cases beyond the confines of the territory where the court is located. Primary Jurisdiction courts will not resolve a controversy involving a question which is within the jurisdiction of an administrative tribunal, especially where the question demands the exercise of sound administrative discretion requiring special knowledge and experience of said tribunal in determining technical and intricate matters of fact. Ancillary Jurisdiction the inherent power of the court to determine issues incidental to the exercise of its primary jurisdiction. Doctrine of Judicial Stability or Non-Interference - No court has the authority to interfere by injunction with the judgment of another court of concurrent jurisdiction or to pass upon or scrutinize and much less declare as unjust a judgment of another court. - Exception: when a 3rd party claimant is involved. Continuity of Jurisdiction/Adherence to Jurisdiction - Once jurisdiction has been acquired, the court retains it until the final termination of case. - Exceptions: a. A new law expressly provides for a retroactive application. b. A change of jurisdiction is curative in character. 4. Requisites of criminal jurisdiction a. That the imposable penalty or the nature of the offense is one by which the court may take cognizance of under the law. b. That the offense should have been committed or any of its essential ingredients should have taken place within the territorial jurisdiction of the court. c. That the offending party shall be brought to the courts presence for trial, whether voluntarily or forcibly. 5. Jurisdiction of the Supreme Court A. Exclusive and Original - Petitions for certiorari, mandamus and prohibition against the Court of Appeals and the Sandiganbayan.

B. Concurrent Original Jurisdiciton a. With Court of Appeals Petition for certiorari, mandamus, and prohibition against the RTC b. With the CA, and RTC petitions for certiorari, prohibition and mandamus against the lower courts C. Exclusive Appellate Jurisdiction a. Decisions of the CA, Sandiganbayan (Rule 45, Section 1) b. Decisions of the RTC on purely questions of law. (Rule 45, Section 1) c. Certified for review (Rule 124, Section 13) c.1. If the CA finds that the death penalty should be imposed, the court shall render judgment and forthwith certify the case and elevate its entire record toe the Supreme Court for review. c.2. Where judgment also imposes a lesser penalty for the offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more severe offense for which the penalty of death is imposed, and the accused appeals, the appeal shall be included in the case certified for review d. Notice of Appeal in cases where CA imposes reclusion perpetua, life imprisonment or a lesser penalty. 6. Jurisdiction of the Court of Appeals A. Exclusive and Original - Actions for annulment of judgment of Regional Trial Courts on the ground of extrinsic fraud, or lack of jurisdiction. - Crimes of Terrorism under 2007 Human Security Act B. Concurrent Original a. With SC Petition for certiorari, mandamus, and prohibition against the RTC b. With the SC, and RTC petitions for certiorari, prohibition and mandamus against the lower courts C. Exclusive and Appellate a. Notice of Appeal a.1. RTC in the exercise of its original jurisdiction a.2. in cases where the penalty imposed by the RTC is reclusion perpetua, or life imprisonment, or where a lesser penalty is imposed but for

offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more serious offence for which the penalty of death, reclusion perpetua, or life imprisonment shall be imposed. b. Petition for Review under Rule 42 RTC exercising its appellate jurisdiction. c. Automatic review when the RTC imposes the death penalty. 7. Jurisdiction of the Regional Trial Court A. Appellate - All cases decided by MTC, MeTC, MCTC in their respective territorial jurisdictions. B. Original - With the SC, and CA petitions for certiorari, prohibition and mandamus against the lower courts. - With the SC cases affecting ambassadors, public ministers and consuls. C. Exclusive Original - All criminal cases not within the exclusive jurisdiction of any court tribunal, or body. - All criminal cases which provides a penalty of more than 6 years imprisonment. - All criminal cases which imposes only a fine but exceeds P4000 (Administrative Circular 09-94) - All violations under RA 9165 or the Comprehensive Dangerous Drugs Act of 2002 - Under RA 8042, as amended by RA 10022, illegal recruitment cases - Libel cases (Article 360 of the RPC) - All election offenses under the Election Code (Section 268) - Violation of Intellectual Property Code and rules and regulations of the Philippines - Violation of Republic Act 10175 aka Cybercrime Prevention Act of 2012 - RTC as Family Courts a. Criminal cases where one or more of the accused is below eighteen (18) years of age but not less than nine (9) years of age but not less than nine (9) years of age or where one or more of the victims is a minor at the time of the commission of the offense: Provided, That if the minor is found guilty, the court shall promulgate sentence and ascertain any

civil liability which the accused may have incurred. The sentence, however, shall be suspended without need of application pursuant to PD 603, otherwise known as the "Child and Youth Welfare Code b. Cases against minors cognizable under the Dangerous Drugs Act, as amended c. Violations of Republic Act No. 7610, otherwise known as the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act," as amended by Republic Act No. 7658 d. Cases of domestic violence against: d.1 Women - which are acts of gender based violence that results, or are likely to result in physical, sexual or psychological harm or suffering to women; and other forms of physical abuse such as battering or threats and coercion which violate a woman's personhood, integrity and freedom movement; and d.2 Children - which include the commission of all forms of abuse, neglect, cruelty, exploitation, violence, and discrimination and all other conditions prejudicial to their development. 7 Jurisdiction of the MTC, MeTC, MCTC

b. Under 1991 rules on Summary Procedure - Violations of traffic laws, rules and regulations - Violations of the rental law - Violations of municipal or city ordinances - All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding 6 months, or a fine not exceeding 1000, or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom: Provided, however, that in offenses involving damage to property through criminal negligence, the Rules on Summary Procedure shall govern where the imposable fine does not exceed 10000. Summary Procedure shall not apply: a. To a civil case where the plaintiffs cause of action is pleaded in the same complaint with another cause of action subject to the ordinary procedure; b. Nor to a criminal case where the offense charged is necessarily related to another criminal case subject to ordinary procedure. c. Under Administrative Circular 09-94 All cases which imposes a fine but does not exceed 4000 pesos.

a. Under BP 129 - Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction Exclusive original jurisdiction over all offences punishable with imprisonment not exceeding 6 years irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil liability arising from such offenses or predicated thereon, irrespective of kind, nature, value or amount thereof; Exclusive Original jurisdiction over offenses involving damage to property through criminal negligence.

d. People v. Eduarte, GR No. 88232, 2/26/1990 - Where the imposable penalty is destierro, the case falls within the exclusive jurisdiction of the MTC, because destierro follows arresto mayor which involves imprisonment.

8. Jurisdiction of the Sandiganbayan A. Exclusive Original Jurisdiction a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are officials occupying the following positions in the government whether in a permanent, acting or interim capacity, at the time of the commission of the offense:

"(1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade '27' and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including: "(a) Provincial governors, vicegovernors, members of the sangguniang panlalawigan and provincial treasurers, assessors, engineers and other provincial department heads; "(b) City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors engineers and other city department heads; "(c) Officials of the diplomatic service occupying the position of consul and higher; "(d) Philippine army and air force colonels, naval captains, and all officers of higher rank; "(e) Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent or higher; "(f) City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor; "(g) Presidents, directors or trustees, or managers of government-owned or -controlled corporations, state universities or educational institutions or foundations; "(2) Members of Congress and officials thereof classified as Grade'27'and up under the Compensation and Position Classification Act of 1989; -

"(3) Members of the judiciary without prejudice to the provisions of the Constitution; "(4) Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the Constitution; and "(5) All other national and local officials classified as Grade'27'and higher under the Compensation and Position Classification Act of 1989. "b. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a of this section in relation to their office. "c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14A, issued in 1986. "In cases where none of the accused are occupying positions corresponding to salary grade '27' or higher, as prescribed in the said Republic Act No. 6758, or military or PNP officers mentioned above, exclusive original jurisdiction thereof shall be vested in the proper regional trial court, metropolitan trial court, municipal trial court and municipal circuit trial court ' as the case may be, pursuant to their respective jurisdiction as provided in Batas Pambansa Blg. 129, as amended. B. Exclusive Appellate Jurisdiction a. By way of notice of appeal under Rule 41 Decisions of the Regional trial Court in the exercise of its exclusive original jurisdiction b. By way of Petition for Review under Rule 42 Decisions of the RTC in the exercise of its exclusive appellate jurisdiction.

"In case private individuals are charged as coprincipals, accomplices or accessories with the public officers or employees, including those employed in govemment-owned or controlled corporations, they shall be tried jointly with said public officers and

employees in the proper courts which shall exercise exclusive jurisdiction over them. Offense in Relation to the Office: a. The offence is intimately connected with the office of the offender and perpetrated while he was in the performance of his official functions b. That the crime cannot exist without the office c. That the office is a constituent element of the crime as defined in the law. IV. Katarungang Pambarangay Law (embodied in the Local Government Code, Secs. 399-422) 1. Purpose c. Reduce number of court litigations d. Prevent the deterioration of the quality of justice brought about by the indiscriminate filing of cases in the courts. 2. Rule on pre-condition complaint to court A. General rule [Section memorize by heart) to filing of

412(a)]

(Note:

4. Where the action may otherwise be barred by the statute of limitations. b. Under Section 408 1. One party is the government or any subdivision or instrumentality thereof 2. Where one party is a public officer or employee, and the dispute relates to the performance of his official functions 3. Offenses punishable by imprisonment exceeding 1 year or a fine exceeding P5000 4. Offenses where there is no private offended party 5. Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon 6. Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon 7. Such other classes of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice c. Under Administrative Circular No. 14-93 1. Disputes arising from the Comprehensive Agrarian Reform Law 2. Labor disputes arising from an employeremployee relationship 3. Actions to annul a compromise which may be directly filed in court. 4. When a case is against a juridical person such as corporation, partnership, estate whether testate or intestate. (Borromeo v. Pogoy) 3. Venue (Section 409, RA 7160) a. Disputes between persons actually residing in the same barangay shall be brought for amicable settlement before the lupon of said barangay. b. Those involving actual residents of different barangays within the same city or municipality shall be brought in the barangay where the respondent or any of the respondents actually resides, at the election of the complaint. c. All disputes involving real property or any interest therein shall be brought in the

No complaint, petition, action, or proceeding involving any matter within the authority of the lupon shall be filed or instituted directly in court or any other government office for adjudication unless: a. There has been a confrontation between the parties before the lupon chairman or the pangkat, AND b. No conciliation or settlement has been reached as certified by the lupon secretary or pangkat secretary as attested to by the lupon or pangkat chairman or unless the settlement has been repudiated by the parties thereto. B. Exceptions a. Under Section 412 (b) (ADAS) 1. Where the accused is under detention 2. Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceedings 3. Where actions are coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property, and support pendent lite

barangay where the real property or the larger portion thereof is situated. d. Those arising at the workplace where the contending parties are employed or at the institution where such parties are enrolled for study, shall be brought in the barangay where such workplace or institution is located. Objections to venue shall be raised in the mediation proceedings before the punong barangay; otherwise, the same shall be deemed waived. Any legal question which may confront the punong barangay in resolving objections to venue herein referred to may be submitted to the Secretary of Justice, or his duly designated representative, whose ruling thereon shall be binding. 4. Procedure in mediation, conciliation and arbitration A. Who may initiate proceeding - Upon payment of the appropriate filing fee - Any individual who has a cause of action against another individual - Involving any matter within the authority of the lupon - May complain, orally or in writing, to the lupon chairman of the barangay. Note: Only cases involving natural persons apply in this law, and not where any of the parties is a juridical person such as corporation, partnership, corporation sole, testate or intestate estate.. (Vda. De Borromeo v. Pogoy) B. Mediation by lupon chairman - Upon receipt of the complaint - The lupon chairman shall, within the next working day - Summon the respondent, with notice to the complainant - For them and their witnesses - To appear before him for a mediation of their conflicting interests. - If he fails in his mediation effort within 15 days from the first meeting of the parties before him, - He shall set a date for the constitution of the pangkat ng tagapagkasundo in accordance with the provisions of Section 404.

C. Suspension of prescriptive period of offenses - While the dispute is under mediation, conciliation, or arbitration, - The prescriptive periods for offenses and cause of action under existing laws shall be interrupted - Upon filing the complaint with the punong barangay. - The prescriptive periods shall resume: a. Upon receipt by the complainant of the complaint b. Or the certificate of repudiation c. Or of the certification to file action issued by the lupon or pangkat secretary. - Provided, however, that such interruption shall not exceed 60 days from the filing of the complaint with the punong barangay. D. Issuance of summons; hearing; grounds for disqualification - The pangkat shall convene not later than 3 days from its constitution, - On the day and hour set by the lupon chairman a. To hear both parties and their witnesses b. To simplify issues, and c. To explore all possibilities for amicable settlement. - For this purpose, the pangkat may issue summons for the personal appearance of parties and witnesses before it. - In the event that a party moves to disqualify any member of the pangkat by reason of: a. Relationship b. Bias c. Interest d. Or any other similar grounds discovered after the constitution of the pangkat - The matter shall be resolved by the affirmative vote of the majority of the pangkat whose decision shall be final. - Should disqualification be decided upon, - The resulting vacancy shall be filled as herein provided for. E. Period to Arrive at a Settlement - The pangkat shall arrive at a settlement or resolution of the dispute - Within 15 days from the day it convenes in accordance with this section. - This period shall, at the discretion of the pangkat,

Be extendible for another period which shall not exceed 15 days, except for meritorious reasons.

F. Rule on appearance of parties - In all katarungang pambarangay proceedings, the parties must appear in person without the assistance of counsel or representatives - Except for minors and incompetents who may be assisted by their next-of-kin who are not lawyers. G. Nature of the Proceedings - General rule: All proceedings for settlement shall be public and informal - Excpetion: in the interest of privacy, decency, or public morals, the lupon chairman or pangkat chairman may motu propio or upon request of a party exclude the public from the proceedings. 5. Amicable Settlement, Arbitration, and Effects A. a. b. c. d. Form of Settlement In writing In a language or dialect known to the parties Signed by them And attested to by the lupon chairman or the pangkat chairman, as the case may be. e. When the parties to the dispute do not use the same language or dialect, the settlement shall be written in the language or dialect known to them. B. Arbitration a. - The parties may, at any stage of the proceedings, - agree in writing that they shall abide by the arbitration award of the lupon chairman or the pangkat. - Such agreement to arbitrate may be repudiated - within five (5) days from the date thereof - for the same grounds and in accordance with the procedure - hereinafter prescribed. - The arbitration award shall be made - after the lapse of the period for repudiation - and within ten (10) days thereafter. b.

The arbitration award shall be in writing in a language or dialect known to the parties. When the parties to the dispute do not use the same language or dialect, the award shall be written in the language or dialect known to them.

C. Effect of Amicable Settlement and Arbitration Award - The amicable settlement and arbitration award shall have the force and effect of a final judgment of a court upon the expiration of ten (10) days from the date thereof, unless repudiation of the settlement has been made or a petition to nullify the award has been filed before the proper city or municipal court. - However, this provision shall not apply to court cases settled by the lupon under the last paragraph of Section 408 of this Code, in which case the compromise or the pangkat chairman shall be submitted to the court and upon approval thereof, have the force and effect of a judgment of said court. D. Repudiation, Grounds Within 10 days from the date of settlement File with the lupon a statement to that effect Sworn to before him (Affidavit), where consent is vitiated by fraud, intimidation, or violence. Such repudiation shall be a sufficient basis for the issuance of the certification for filing a complaint.

E. Execution 1. Enofrcement by the lupon within 6 months from date of settlement 2. Enforced by action in the appropriate MTC beyond the 6-month period. V. Revised Rules on Summary Procedure of 1991 A. Jurisdiction of the MTC - Violations of traffic laws, rules and regulations - Violations of the rental law - Violations of municipal or city ordinances - All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding 6 months, or a fine not exceeding 1000, or both,

irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom: Provided, however, that in offenses involving damage to property through criminal negligence, the Rules on Summary Procedure shall govern where the imposable fine does not exceed 10000. Summary Procedure shall not apply: e. To a civil case where the plaintiffs cause of action is pleaded in the same complaint with another cause of action subject to the ordinary procedure; Nor to a criminal case where the offense charged is necessarily related to another criminal case subject to ordinary procedure. B. How Commenced 1. Outside Metro Manila and Chartered Cities = by complaint or by information 2. Within Metro Manila and Chartered Cities = information, EXCEPT when the offense cannot be prosecuted de officio. Requirements in filing a complaint or information (if it is not complied with within 5 days from the date of filing, the case may be dismissed) c. Affidavits of complainant and witnesses d. In such number of copies as there are accused plus 2 copies for the courts files.

Serving copies thereof to prosecutor or complainant NOT LATER THAN 10 DAYS FROM RECEIPT OF ORDER. Prosecution may file reply affidavits within 10 days from receipt of counter-affidavits of the defense.

3. Contents of an affidavit a. Facts of direct personal knowledge of the affiants which are admissible in evidence b. Show their competence to testify to the matters states therein. - Violation of the above requirements may subject the party to disciplinary action, and shall be cause to expunge the inadmissible affidavit or portion thereof from the record. 4. Prohibited motions and pleadings a. Motions a.1. Motion to quash the complaint or information except on the ground of lack of jurisdiction over the subject matter or failure to show compliance with the conciliation requirements. - The barangay conciliation is a dismissal WITHOUT PREJUDICE; hence, may be revived after such requirement has been complied with. (Note: Sabi ni Atty. Tan, hindi daw pwede ang ground na non-compliance with the barangay in a criminal proceedingsundin niyo na lang) - Rule on conciliation requirements shall not apply to CRIMINAL CASES WHERE THE ACCUSED WAS ARRESTED WITHOUT A WARRANT. a.2. Motion for bill of particulars a.3. Motion for new trial or for reconsideration of a judgment, or for reopening of trial. a.4. Motion for extension of time to file pleadings, affidavits, or any other papers. a.5. Motion to declare defendant in default. a.6. Dilatory motions for postponement b. Pleadings b.1. Petition for relief from judgment b.2. Memoranda b.3. Petition for certiorari, prohibition or mandamus against any interlocutory order issued by the Court. b.4. Reply b.5. Third-part complaints b.6. Interventions

C. Duty of the Court 1. Commenced by a Complaint - On the basis of the complaint and the affidavits and other evidence accompanying the same, - The Court may dismiss the case outright for being patently without basis or merit AND order the release of the accused if in custody. 2. On the basis of an Information - When the case is commenced by an Information, or is not dismissed for being patently without basis or merit, - Court shall issue an order requiring the accused to submit his counter-affidavit and the affidavits of his witnesses as well as any evidence in his behalf

5. Remedy in case of an adverse decision e. Rule 122, Section 3, as amended by AM 00-5-03-SC: Notice of appeal filed with the court that rendered the judgment (MTC) within 15 days from promulgation of judgment or from notice of final order appealed from. Submission of memoranda and briefs are required. No trial de novo is allowed. MTC -> RTC f. If denied, Motion for reconsideration or Motion for New trial under Rule 121, Section 1, filed with the RTC within 15 days from the promulgation of the judgment. g. If denied, file a verified petition for review with the CA within 15 days from notice of decision sought to be reviewed or notice of the denial of the MR or MNT. Rule 122, Section 3, in relation to Rule 42, Section 1. RTC>CA h. If denied, either file a motion for new trial on the ground of newlydiscovered evidence material to his defense, under Rule 124 Section 14, in relation to Rule 121 Section 4, or file a motion for reconsideration within 15 days from the notice of the decision or final order of the CA under Rule 124, Section 16. i. If denied, file a petition for review on certiorari with the Supreme Court within 15 days from notice of judgment or final order or from the notice of denial of the motion for reconsideration or new trial. (rule 125 Section 1, in relation to Rule 45) j. If denied, Motion for Reconsideration under rule 52, or motion for new trial under rule 53. Rule on Injunction to Restrain Prosecution (Brocka v. Enrile) Criminal

2. When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions 3. When there is prejudicial question which is subjudice 4. When the acts of the officer are without or in excess of authority. 5. When the acts of officer are without or in excess of authority 6. When the prosecution is under an invalid law, ordinance or regulation 7. When double jeopardy is clearly apparent 8. When the court had no jurisdiction over the offense 9. When it is a case of persecution rather than prosecution 10. The charges as manifestly false and motivated by the lust for revenge 11. There is clearly no prima facie case against the accused and a motion to quash on that ground has been denied 12. Prevent the threatened unlawful arrest of petitioners.

General Rule: Injunction may not restrain or stay criminal prosecution. Exceptions: (Note: Memorize by heart!!!) 1. Afford adequate protection to constitutional rights of accused.