Vous êtes sur la page 1sur 5

Criminal Law Criminal Procedure

Substantive Remedial
Defines crimes treats of their nature
and provides for their punishment
Provides for the method by which a person accused of a crime
is arrested, tried and punished
Declares what acts are punishable Provides how the act is to be punished
Systems of CrimPro
Inquisitorial Accusatorial Mixed systems
he prosecution of crimes is wholly
in the hands of the prosecutin!
officer and the court
Its essence is !rounded in the due
process school of criminolo!y "there be
moral certainty of !uilt to defeat the
constitutional presumption of
innocence#
$ommixture of the inquisitorial and
accusatorial system
$haracteri%ed by secrecy Requires all crimes except private
offenses
$ontemplates two contendin! parties
before the court and hears them
impartially and renders &ud!ment only
after trial
'eeds no presence of the accused
before the ma!istrate
'eed the presence of the accused at
any sta!e of the proceedin!s and to be
heard personally or by counsel
Ma!istrate may proceed with inquiry
and render &ud!ment even in the
absence of the accused
(rial is conducted publicly
(Accused is !ranted the ri!ht a!ainst
self(incrimination
(Accused en&oys presumption of
innocence
(accused has the ri!ht to appeal
)ud!ment does not become final
until it has been ratified and
confirmed by the court of last resort
)ud!ment of the trial court does not
require the imprimatur of the court of
last resort before it may attain finality
Private offenses commence by the complaint of the offended party, to be prosecuted by a public prosecutor*
Presumption of innocence lasts until the !uilt is proved beyond reasonable doubt*
Rules shall be liberally construed in order to promote their ob&ective of securin! a &ust, speedy and inexpensive
disposition of every action and proceedin! "Sec +, Rule ,#
$onstrued liberally enou!h to protect the substantial ri!hts of the accused*
)-RISDI$I.'( the power or the capacity !iven by the law to a court or tribunal to entertain, hear and determine
certain controversies/ the ri!ht t put the wheels of &ustice in motion and to proceed to the final determination of a
cause upon pleadin!s and evidence/ vested in the courts not in the &ud!es/
Venue Jurisdiction
Procedural Substantive
Place of trial reats of the power of the court to decide the case on merits
Requisites of Criminal Jurisdiction
)urisdiction over the sub&ect
matter(
1) he offense is one which the court is by law authori%ed to ta0e co!ni%ance of
( the power to hear and determine cases of the !eneral class to which the
proceedin!s in question belon! and is conferred by the soverei!n authority
which or!ani%es the court and defines its powers
)urisdiction over the territory
where the offense was
committed
2) he offense must have been committed within its &urisdiction
( criminal action shall be instituted and tried in the court of the municipality
or province wherein the offense was committed or where any of its
essential in!redients too0 place
)urisdiction over the person
of the accused
3) he person char!ed with the offense must have been brou!ht to its presence
for trial, forcibly by warrant of arrest or upon his voluntary submission to the
court
(the ta0in! of the person in custody by the court of the person of the
accused in order that he may be bound to answer for the commission of
the offense
,
Determination of Jurisdiction
erritorial )urisdiction Determined by the alle!ations in the information as to the situs of the crime
$riminal )urisdiction Determined by the fine and imprisonment prescribed by law
Court(s) Jurisdiction Cases ota !ene
1" Metropolitan
rial $ourts,
Municipal rial
$ourts 1
Municipal
$ircuit rial
$ourts ",
st
level
courts#
2xclusive ori!inal #" All violations of city or municipal ordinances
committed within their respective territorial
&urisdiction
!" All offenses punishable with imprisonment
of not exceedin! + years "Destierro3Prision
$orrecional#
C" All cases involvin! !overnment officials and
employees "apply4 par 5# and the char!e
does fall under the &urisdiction of
sandi!anbayan "S67+ and below#
D" .ffense involvin! dama!e to property
throu!h criminal ne!li!ence
8irrespective of the
amount of fine,
re!ardless of all other
accessory or other
penalties "Sec97"7#,RA
:+;,#
2" Re!ional rial
$ourts "7
nd

level courts#
2xclusive ori!inal #" In all criminal cases not within the
<exclusive ori!inal= &urisdiction of <any= court,
tribunal or body
!" all criminal cases wherein the penalty
provided by law is hi!her than + years
"Prision Mayor to Perpetua#
C" cases involvin! !overnment officers and
employees "apply4 >, par 5#
8In the matter of
territorial &urisdiction,
concurrent &urisdiction
between courts of equal
ran0 may result in
continuin! crimes
8 5ranches of the same
court in the <same
!eo!raphical= &udicial
territory are possessed
of <concurrent
&urisdiction=
.ri!inal #" 0idnappin! and3or 0idnappin! for ransom,
!" robbery in band, robbery committed a!ainst
ban0in! or financial institutions,
C" violation of Dan!erous Dru!s Act of 7??7
"RA ;,+@# "re!ardless of the quantity
involved#
D" violation of Anti($ar nappin! Act of ,;:7
"RA +@9;#
$" and other heinous crimes
%" violation of intellectual property ri!hts
&" Aiolations not limited to AR ,BB, ,B; of
RP$, PD C; and B:, RA ,+@ and ,++*
'" Dibel cases
$oncurrent ori!inal #" $ases affectin! ambassadors, public
ministers, and consuls
Appellate
#" All cases decide by ,
st
level courts
Shall be decided on the
basis of the entire
record of the
proceedin! had in the
court and such
memoranda and3or
briefs as may be
submitted by the parties
or required by the R$
7
(" Eamily $ourts 2xclusive ori!inal #" $riminal cases where one or more of the
accused is below ,B yrs old but not less
than ; yrs old or where one or more of the
victims is a minor at the time of the
commission of the offense
!" $ase a!ainst minors co!ni%able under
Dan!erous Dru!s Act
C" Aiolations of RA :+,? "$hild Abuse Daw#
D" $ases of domestic violence a!ainst women
and children
$" $ases assi!ned to family courts provided
by section @ of Eamily $ourts Act of ,;;:
%" Additional cases other that those provided
in Section @ assi!ned to E$
8If the minor is found
!uilty, the court shall
promul!ate sentence as
ascertain any civil
liability which the
accused may have
incurred* he sentence
shall be suspended
without need of
application pursuant to
PD+?9
8In areas where there
are no E$, the cases
fallin! under the
&urisdiction of said court
shall be ad&udicated by
the R$
)" $ourt of
Appeals
.ri!inal #" Issuance of writs of mandamus, prohibition,
certiorari, habeas corpus and quo warranto
!" Auxiliary writs or processes, whether or not
in aid of its appellate &urisdiction
2xclusive ori!inal #" he annulment of &ud!ments of R$
2xclusive Appellate #" he all final &ud!ments, decisions,
resolutions, orders, or awards of R$ and
quasi(&udicial a!encies, instrumentalities,
boards or commissions
2xcept those fallin!
within the appellate
&urisdiction of S$ and
Sandi!anbayan
Power to receive
evidence and
perform any and all
acts necessary to
resolve factual
issues raised
#" $ases fallin! within its ori!inal &urisdiction
!" $ases fallin! within its appellate &urisdiction
wherein a motion for new trial based only
on the !round of newly discovered
evidence is !ranted by it
11" Sandi!anbayan 2xclusive .ri!inal #" Aiolation of RA 9?,; "Anti(6raft Daw#
!" Aiolation of RA ,9:; "Eorfeiture if Property
Eound to have been lawfully Acquired#
C" $hapter II, Section II itle AII, 5oo0 II RP$
D" .ther offenses or felonies whether simple
or complex with other crimes committed by
public officials and employees
$" $ivil and criminal cases filed pursuant to
and in connection with 2. ,,7, ,C and ,C(A
%" Petitions for the issuance of the writs of
mandamus, prohibition, certiorari, habeas
corpus, in&unction and other ancillary writs
and processes in aid of its appellate
&urisdiction and over petitions of similar
nature includin! quo warranto
8&urisdiction is based on
the ran0 of the offender
8the offense must be
intimately connected
with the office of the
offender and
perpetrated while he
was in the performance
thereof, improper or
irre!ular, of his
functions
8provided that the
&urisdiction over these
petitions shall not be
exclusive of the S$
2xclusive Appellate #" Einal &ud!ments, resolutions or orders of
R$
"whether in the exercise
of their "R$# own
ori!inal or appellate
&urisdiction#
9
13" Supreme $ourt Review and revise,
reverse, modify, or
affirm on appeal or
certiorari, as the
Rules of $ourt may
provide, final
&ud!ments and
decrees of courts
#" All cases in which the constitutionality or
validity of any treaty, executive a!reement,
law, ordinance, or executive order or
re!ulation is in question
!" All cases involvin! le!ality of any tax,
import, assessment, or toll, or any penalty
imposed in relation thereto
C" All cases in which the &urisdiction of any
inferior court is in issue
D" All criminal cases in which the penalty
imposed is reclusion perpetua of hi!her
$" All cases in which only an error or question
of law is involved
2xclusive
&urisdiction
o review, revise, reverse, modify or affirm on
appeal, as the law or rules of courts may
provide, final &ud!ments and decrees of inferior
courts as herein provided
#" All criminal cases involvin! offenses for
which the penalty imposed is death of
life imprisonment/
!" hose involvin! other offenses which,
althou!h not so punished, arose out if
the same occurrence or which may
have been committed by the accused
on the same occasion, as that !ivin!
rise to the more serious offense/
re!ardless of whether the accused are
char!ed as principals, accomplices, or
accessories, whether they have been
tried &ointly or separately
1*" Fatarun!an!
Pambaran!ay4
Dupon!
a!apamayapa
Authori%ed to brin!
to!ether the parties
actually residin! in
the same city or
municipality for
amicable settlement
of all dis+utes
2G$2P4
#" Hhere one party is the !overnment or any
subdivision or instrumentality thereof
!" Hhere one party is a public officer or
employee and the dispute relates to the
performance of his official functions
C" .ffenses punishable by imprisonment
exceedin! one year or a fine exceedin! @0
D" .ffenses where there is no private
offended party
$" Hhere the dispute involves real properties
located in different cities or municipalities
unless the parties thereto a!ree to submit
their differences to amicable settlement by
an appropriate Dupon
%" Disputes involvin! parties who actually
reside in baran!ays of different cities or
municipalities, except where such baran!ay
units ad&oin each other and the parties
thereto a!ree to submit their differences to
amicable settlement by an appropriate
lupon
&" Such other classes of disputes which the
President may determine in the interest of
&ustice or upon the recommendation of the
Secretary of )ustice
RA:+,?
C
Dis+utes Venue of Settlement Rec,onin- +oint
Disputes between persons actually
residin! in the same baran!ay
5efore the Dupon of the said 5aran!ay
Involvin! actual residents of different
baran!ay within the same city or
municipality
In the baran!ay where the respondent
or any of the respondents actually
resides
At the election of the complainant
Involvin! real property or any interest
therein
In the baran!ay where the real
property is situated
.r where the lar!er portion thereof is
situated
hose arisin! at the wor0place where
the contendin! parties are employed
or at the institution where such parties
are enrolled for study
In the baran!ay where such wor0place
or institution is located
@