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Preliminary Consideration

An Overview of the Criminal Litigation Process

In every step of the litigation process, all parties are entitled to both substantive and procedural due process;
The criminal prosecution involve the obligation of the State to prove the elements of the crime charged beyond reasonable
doubt;
That compliance with rules is not an end in itself.
Criminal offense is deemed to have been committed against the entire social order.
Information or complaint must contain:
1. Name of the accused
2. Name of the offended party
3. Designation of the offense charged
4. Cause of the commission of the offense
5. Place where the offense was committed
For the validity of the judgment, that it be filed with the court which exercises jurisdiction over the offense charged:
JURISDICTION OVER THE SUBJECT MATTER CONFERRED BY LAW;
JURISDICTION OVER ALLEGATIONS OF THE COMPLAINT OR INFORMATION- the court will have to
examine the complaint or information for the purpose of ascertaining whether or not the facts set out therein, as well
as the punishment provided for by law for such acts, fall within its jurisdiction
JURISDICTION OVER THE TERRITORY- refers to the jurisdiction over the place of the commission
JURISDICTION OVER THE PERSON OF THE ACCUSED-the accused must have validly arrested or must have
voluntarily submitted himself to the jurisdiction of that court.
The application of the substantive law principle that every person criminally liable for a felony is also civilly liable
When the criminal action is instituted, the civil action for the recovery of the civil liability arising from the offense
charged shall also be deemed instituted with the criminal action.
NOT AN ABSOLUTE RULE because the implied institution of the civil action will not apply when the offended
party waives the civil action, reserves the right to institute the same separately, or institute the civil action prior
to the criminal action.
An independent action is not deemed instituted with the offense charged even if it arises from the same act or
omission constituting the said offense. This is because an independent civil action is an entirely separate source
of liability.
Cautions that the offended party cannot recover damages twice for the same act or omission charged in the
criminal action.

COMMISSION OF A CRIME
1. Criminal litigation process presupposes the prior commission of the crime or at least the perception that a crime has been
committed;
2. Offender and victim present; victim-be natural or juridical person but it must be represented by an officer; crimes may
even be committed against public order like rebellion, sedition and even against national security like treason and
espionage;
3. Offender cannot be committed by a juridical person

CONTACT WITH THE LAW


1. Contact with the law may start when the criminal act is brought to the attention of law enforcement authorities and the
offender is arrested, either by virtue of a duly issued warrant or a valid warrantless arrest.
2. Warrantless arrest- in flagrante delicto, hot pursuit situation, etc. - the rules of procedure mandate that the person arrested
shall, without delay, be delivered to the nearest police station or jail.
a) Contact with the law also occurs when law enforcement officers search a place under the control of the alleged
offender and seize the goods, articles or things illegally possessed and found therein.
b) Warratless search- warrant incidental to a valid arrest, custom searches, etc.
c) When the offended party files a written complaint before the barangay. (barangay conciliation proceedings)
d) The invocation of judicial authority shall be allowed only if a certification is issued by the proper barangay official to
the effect that judicial intervention may now be availed of because the desired conciliation or settlement was not reached
or when a settlement previously forged, was repudiated by a party.

INSTITUTION OF THE CRIMINAL ACTION; PRELIMINARY INVESTIGATION


1. The aggrieved party or the arresting officer may initiate the filing of a complaint directly with the trial court or with a
proper officer for purposes of preliminary investigation. The institution of the criminal action shall interrupt the period of the
offense charged unless otherwise provided in special laws.
2. Criminal action is instituted by inquiring the nature of the offense in relation to the imposable penalty for the same.
3. Under the Rules, where the penalty prescribed by law for the offense is at least 4 yrs, 2 months and 1 day, a preliminary
investigation is required.
4. The investigation is aimed at finding probale cause to charge the respondent court.
5. Complaint filed before the investigating officer refers to the complaint that initiates a preliminary investigation; complaint
filed in court refers to the one which commences the judicial proceedings against the accused.
6. The investigating prosecutor may either recommend the dismissal; of the complaint or the filing of on information in court
with an accompanying resolution to that effect. Such resolution is subject to further action by a higher officer in the prosecution
hierarchy without whose written authority or approval, no complaint or information may be filed or dismissed by the
investigating prosecutor.
7. The resolution may be further subject to review by the Secretary of Justice in accordance with the Rules of Court and
existing DOJ rules on appeal.
8. When the criminal information is filed in court, any disposition of the case now rests within the exclusive jurisdiction and
discretion of the said court.
9. There are cases which do not require a preliminary investigation because the penalty is less than 4 years, 2 months and 1
day. In this cases, a complaint may be filed directly with the prosecutor, not for preliminary investigation, but for
EVALUATION of the evidence of the complainant.
10. A complaint or information may also be filed directly with the MTC. Direct filing of a complaint or information with the
proper official is also a well recognized way of instituting of a criminal action. Such court evaluate the evidence submitted by
the complainant and his witnesses without conducting preliminary investigation. The evidence may consist of their affidavits
and other supporting documents that would establish probable cause. The rule grants the court the option to conduct a written
personal examination under oath of the complainant and his witnesses. Such examination shall be in a form of searching
questions and answers. The court may, likewise, require the presentation of additional evidence to aid it in determining
probable cause.
11. When the accused is not entitled to a preliminary investigation even if the offense he has committed is at least or even
higher 4 years, 2 moniths and 1 day- WHEN ACCUSED IS LAWFULLY ARRESTED WITHOUT A WARRANT
12. When a person is lawfully arrested without a warrant while in the act of committing murder, the prosecution of the
offense will not involve conducting the usual preliminary investigation.
a) The rule that a complaint or information may be filed against the person lawfully arrested without a warrant is NOT
AN ABSOLUTE RULE. Before a complaint is filed, the person arrested may ask for the preliminary investigation; he can
only do so after validly signing a waiver in accordance with Art.125 of RPC or apply for bail
b) Even after filing of the complaint or information, the rule still allows the accused to ask for a preliminary
investigation as long as it is made within 5 days from the time he learns of its filing.
13. Even if no preliminary investigation is held because the offender was lawfully arrested without a warrant, the complaint or
information may, be filed by the prosecutor as long as an INQUEST has been conducted.

INQUEST- purpose: 1. To determine the probable cause whether that person has committed an act or omission or otherwise
2. To determine the legality of the arrest

DUTY OF THE COURT UPON THE FILING OF THE COMPLAINT OR INFORMATION


The judge has a duty to be performed within 10 days from the filing of such complaint or information
a) To personally evaluate the resolution of the prosecutor and the evidence supporting said resolution. EVALUATION IS
CALLED A PRELIMINARY EXAMINATION- a judicial function separate and distinct from a preliminary investigation. It is
being conducted in order to determine probable cause to justify the propriety of issuing a warrant of arrest.
b) The judge may order the prosecutor to present additional evidence if the judge doubts the existence of probable cause.
c) If judge finds probable cause, he shall issue a warrant of arrest.
d) If the accused has been previously arrested, he shall then issue a commitment order.

AVAILMENT OF PROVISIONAL REMEDIES


1. For instance, the offended party may have the property of the accused attached as security for the satisfaction of any
judgment that may be recovered from the accused when circumstances arise justifying the attachment, as when the criminal
action is based on a claim for money or property embezzled by the accused.
2. Where the civil liability includes support for the offspring as a consequence of the crime, the accused may also be ordered
to provide support pendente lite to the child born to the offended party as long as the civil aspect has not been waived, reserved
or instituted prior to the criminal action.

BAIL
When the information is filed, the respondent now becomes an accused.
That in those cases not subject to preliminary investigation, a complaint or information may be filed directly in court
(MTC).
By availing of the constitutional right to bail which may be given in the form of corporate surety, property bond, cash
deposit, or recognizance.
He may apply for bail before or after he is formally charged and, as a rule, the application shall be made in the court BUT
NO BAIL SHALL BE ALLOWED AFTER A JUDGMENT OF CONVICTION HAS BECOME FINAL.
If before the finality, the accused applies for probation, he may be allowed temporary liberty under his bail.
A person in custody of the law who is not yet charged in court may apply for bail with any court in the province, city, or
municipality where hi is held.
An application for or admission to bail shall not bar the accused from challenging the validity of his arrest of the legality
of the warrant issued for his arrest OR absence of a preliminary investigation of the charge against him provided that he
raises his objections before entering his plea.
Bail as matter of right- Constitutional right which cannot be ignored by the court; before or after the conviction of the
accused in the MTC; or BEFORE his conviction in the RTC provided he is charged with an offense not punishable by
death, reclusion perpetua, or life imprisonment.
Bail as matter of discretion- if he is convicted in the RTC of an offense not punishable by death, reclusion perpetua or
life imprisonment
The grant or denial of bail to a person charged with an offense punishable on whether or not the evidence of guilt is strong.
Strong evidence does not mean proof beyond reasonable doubt. The latter is required only for conviction but not for the
purpose of denying bail.
If the accused is convicted by the RTC of reclusion perpetua or life imprisonment, he is not entitled to bail because
it is obvious that evidence of his guilt is not merely strong. His guilt has actually been proven beyond reasonable
doubt.

ARRAIGNMENT
1. Arraignment is the formal mode and manner of implementing the constitutional right of an accused to be informed of the
nature and cause of the accusation against him.
2. The rule requires the presence of the accused during arraignment for him to personally enter his his plea. It is made in
open court by the judge or clerk and consists in furnshing the accused with a copy of the complaint or information, the
reading of the same in a language he understands, and asking him whether he pleads guilty or not guilty.
3. If the accused refuses to plead, a plea of not guilty shall be entered for him. The same rule shall be applied if makes a
conditional plea as when he undertakes to plead guilty on the condition that the court impose upon him only a slight
penalty.
4. Accused pleads guilty, but at the same time presents exculpatory evidence like self-defense. In such case, a guilty plea
shall not be entered for him. It shall be deemed withdrawn and a plea of not guilty shall be entered for him.
5. The accused may also enter of guilty to a lesser offense. For this kind of plea to merit the approval of the court, the lesser
offense must be one which is necessarily included in the offense charged. In addition, the plea also requires the consent of
both the offended party and the prosecutor.
6. Options aside entering plea, whether guilty or not
a) Bill of particular- if there are defects in the information or complaint which prevent him from property pleading to the
charge and preparing for trial.
b) Suspension of arraignment- justifiable reasons do exist for its suspension, as when among others, the accused appears
to be suffering from an unsound mental condition which effectively renders him unable to fully understand the charge
against him and to plead intelligently thereto.
c) Move to quash- to dismiss the complaint or information
d) Challenge the validity of his arrest, the legality of the warrant issued for his arrest, or assail the absence or regularity
of a preliminary investigation

MOTION TO QUASH THE COMPLAINT OR INFORMATION


1. The motion is required to be in writing, filed before the accused enter his plea, signed by the accused or his counsel, and
distinctly specifies both the factual and legal grounds relied upon the dismissal of the complaint or information.
2. An accused may move to quash the complaint or information provided for by the Rules.
3. His failure to file the motion or his failure to assert any ground shall be deemed a waiver of the grounds not invoked.
a) Grounds which are not deemed waived even if not invoked
i. The facts charged do not constitute an offense
ii. That the court trying the case has no jurisdiction over the offense charged
iii. That the criminal action or liability has been extinguished
iv. That the accused shall be placed in double jeopardy
4. The court may not grant the motion when it is based on the alleged defect in the complaint or information which can be
cured by amendment; if the prosecution failed to remedy the defect then the court will grant the motion
5. When the motion to quash is sustained, the court may even order that another complaint be filed against the accused and
this will not bar to another prosecution for the same offense unless the motion is based on:
a) The extinguishment of the criminal action or liability
b) That the accused shall be placed in double jeopardy
6. If the complaint or info is not dismissed or quashed and subsequent of not guilty is entered then the case shall be set fro
pre-trial.

PRE-TRIAL
1. After the arraignment of the accused and within 30 days from the date the court acquires jurisdiction over the person of the
accused, the court shall order the mandatory trial conference to consider certain matters including plea bargaining,
stipulation of facts, marking of the evidence, waiver of objections to admissibility, possible modification of the order of
the trial, and such other matters that will promote a fair and expedious trial of the trial of the criminal and civil aspects of
the case.
2. no evidence shall be admitted except those presented during pre-trial EXCEPT when allowed by the court for good cause
shown.
3. After the pre-trial conference, the court shall issue an order reciting the actions taken, the facts stipulated and evidence
marked.
4. All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed by the
accused and counsel; otherwise they cannot be used against the accused.

TRIAL; demurrer
1. Within 30 days from the receipt of the pre-trial order, trial shall commence. Once the trial once commenced, it shall
continue from day to day as far as practicable until terminated, but it may be postponed for a reasonable period of time for good
cause.
2. If the accused is not brought to trial within the time limit set, the information may be dismissed on motion of the accused
on the ground of denial of his right to speedy trial. Failure to do so shall be deemed as waiver of that right.
3. When the accused admits the act or omission charged but interposes a lawful defense, the order of trial may be modified or
reversed. The accused shall be allowed to present his evidence ahead of that of the prosecution.
4. When the prosecution rests its case, and the order of trial is not modified, it is now the turn of the accused to present his
evidence to prove his defense. However, the accused may instead of presenting his evidence, choose to move to dismiss the
case by presenting a DEMURRER TO EVIDENCE on the ground of insufficiency of evidence.
DEMURRER TO EVIDENCE WITH LEAVE DEMURRER TO EVIDENCE WITHOUT
OF COURT LEAVE OF COURT
If denied; the accused may adduce evidence in his If denied; shall waive the right to present
defense evidence

JUDGMENT
1. A judgment is the adjudication by the court on the guilt or innocence of the accused and the imposition on him of the
proper penalty and civil liability, if any. REQUIRED TO BE WRITTEN IN THE OFFICIAL LANGUAGE, PERSONALLY
AND DIRECTLY PREPARED BY THE JUDGE AND SIGNED BY HIM AND SHALL CONTAIN CLEARLY AND
DISTINCTLY A STATEMENT OF THE FACTS AND LAW UPON WHICH IT IS BASED.
2. Be promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered, unless it
is it a light offense, in which case the judgment may be pronounced in the presence of his counsel or representative.
3. If the accused fails to appear during the promulgation of judgment and such failure is without justifiable cause-HE
SHALL LOSE THE REMEDIES AGAINST THE JUDGMENT
4. The only way for him to regain the right to avail of such remedies is to surrender within 15 days from the promulgation of
the judgment and file a motion for leave to avail of the remedies.

POST-JUDGMENT REMEDIES
1. The period of the appeal is within 15 days from notice of the judgment or final order. After the lapse of the period for
perfecting an appeal, the judgment of conviction becomes final.
2. At any time before the judgment of conviction becomes final, the accused may move for a NEW TRIAL or
RECONSIDERATION. A motion for new trial shall be predicated upon the errors of law or irregularities during the trial and
the discovery of new or material evidence. Motion for Reconsideration may also be filed on the grounds of errors of law or fact
in the judgment.
a) When NEW TRIAL OR MR is denied- the accused is allowed to file an appeal within a fresh period of 15 days from
notice of the denial of the motion.
3. The rule on appeal
a) MTC, MTCC, MCTC----> RTC
b) RTC----> CA, SC
c) CA & Sandiganbayan----> SC
4. The appeal to RTC or to CA in cases decided by the RTC in the exercise of its original jurisdiction, shall be by notice of
appeal filed with the court which rendered the judgment or final order appealed from.
5. RTC----->CA in the exercise of its appellate jurisdiction shall be by petition for review under Rule 42
6. RTCs imposition of reclusion perpetua or life imprisonment--- appeal to CA by notice of appeal filed with RTC.
a) A review of the case by the CA is now necessary before the same is elevated to the SC.
7. When CA imposes reclusion perpetua or life imprisonment, the judgment may be appealed to SC by notice of appeal filed
with CA
8. Decisions and final orders of the Sandiganbayan----> SC by petition for review on certiorari in accordance with Rule 45 of
Rules of Court.

ENTRY OF JUDGMENT- when all remedies have been exhausted and the judgment has become final, the same shall be
entered in accordance with existing rules.

BASIC CONCEPTS
Criminal Procedure- generic term to describe the network of laws and rules which governs the procedural and
administration of justice.
Provides or regulates the steps by which one who committed a crime is to be punished.
Lays down the processes by which an offender is made to answer for the crime he committed.

ULTIMATE GOAL OF CRIMINAL PROCEDURE


To balance the clashing societal interests primarily between those of the government and those of the individual.

THE ADVERSARIAL OR ACCUSATORIAL SYSTEM


The system of procedure in our jurisdiction is ACCUSATORIAL OR ADVERSARIAL.
It contemplates 2 contending parties before the court which hears them impartially and renders judgment only after trial.
Where each side tries to convince the court that its position is the correct version of the truth.
In its decision-making process, the court shall consider no evidence which has not been formally offered. The court, in this
system, therefore, has a passive role and relies largely on the evidence presented by both sides to the action in order to
reach a verdict.

LIBERAL INTERPRETATION OF THE RULES


Liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every
action and proceeding.
Such that any rigid and strict application thereof, which results in technicalities tending to frustrate substantial justice,
must always be avoided.
REQUISITES FOR THE EXERCISE OF CRIMINAL JURISDICTION
-------Jurisdiction is the right to act or power and authority to determine to hear and determine a cause-it is a question of law;
the power to inquire into the facts, to apply the law and to pronounce the judgment

A. Jurisdiction over the subject matter


How jurisdiction over the subject matter is conferred
Jurisdiction must exist as a matter of law
Cannot be granted upon the court by the accused, express waiver or otherwise, since such jurisdiction is conferred by
the sovereign authority which organized the court, and is given only by law in the manner and form prescribed by
law.
The conferment must clear. It cannot be presumed.
How jurisdiction over the subject matter is determined
By the allegations in the complaint or information which must be examined for the purpose of ascertaining whether
or not the facts set out therein and the punishment provided for by law for such acts fall within the jurisdiction of the
court in which the criminal action is filed.
Use of the imposable penalty
Jurisdiction is not determined by the penalty actually imposed after trial but by the penalty imposable by law on the
offense.
E.g. If the allegations of the information charge the accused with a offense within the jurisdiction of the RTC because
the imposable penalty exceeds 6 years, that court has jurisdiction even if the penalty imposed by said court, after trial,
is imprisonment less than 6 years.
Statute applicable to a criminal action
Jurisdiction is measured by the law in effect at the time of the commencement/institution/filing of a criminal action
rather than by the law in effect at the time of the commission of the offense charged.
Principle of adherence of jurisdiction or continuing jurisdiction
Once a court acquires jurisdiction, it may not be ousted from the case by any subsequent events, such as a new
legislation placing such proceedings under the jurisdiction of another tribunal.
EXCEPTION: 1. There is an express provision in the statute or
2. The statute is clearly intended to apply to actions pending before its enactment
Objections on jurisdictional grounds
The rule is settled that an objection based on the ground that the court lacks jurisdiction over the subject matter may
be raised or considered motu proprio (on its own) by the court at any stage of the proceedings or on appeal
A party, according to the Court, cannot invoke the jurisdiction of the court to secure affirmative relief against his
opponent and after obtaining or failing to obtain such relief, repudiate or question the same jurisdiction. After
voluntarily submitting a cause and encountering an adverse decision on the merits, it is too late for the loser to
question the jurisdiction or power of the court.
B. Jurisdiction over the person
Is acquired upon his arrest or apprehension, with or without a warrant or his voluntary appearance or submission to the
jurisdiction of the court.
Voluntary Submission to the Jurisdiction of the court;seeking affirmative relief
Voluntary submission- filing pleadings, appearing for arraignment or entering trial
Jurisdiction is loss upon termination of the case
Also by filing of the motion to determine the probable cause
Objecting to the jurisdiction of the court over the person of the accused
NO SUBMISSION TO THE JURISDICTION
Making a special appearance in court to question the jurisdiction of the court over the person of the accused is
not a voluntary appearance as when, in a criminal case, a motion to quash is filed precisely on that ground.
(NOT TANTAMOUNT TO ESTOPPEL OR WAIVER OF THE OBJECTION)
Motion to quash the warrant of arrest
JURISDICTION OVER SUBJECT MATTER JURISDICTION OVER THE PERSON
Authority of the court to hear and determine a Authority of the court that requires the person
particular criminal case/ JURISDICTION OVER charged with the offense must have been brought
THE OFFENSE CHARGED into its forum for trial, forcibly by warrant of
arrest or upon his voluntary submission to the
court.
C. Jurisdiction over the territory- 1) the offense should have been committed OR 2) any one of its ingredients should have
taken place within the territorial jurisdiction of the court.
Where the court has jurisdiction over a person charged with an offense allegedly committed outside of that limited
territory.

CUSTODY OF THE LAW VS. JURISDICTION OVER THE PERSON OBJECTING TO THE LEGALITY OF THE
ARREST
CUSTODY OF THE LAW JURISDICTION OVER THE PERSON
Is not required for the adjudication of reliefs Requires the person charged with the offense
EXCEPT in applications for bail which requires must have been brought into its forum for trial,
that the applicant be under the custody of the law forcibly by warrant of arrest or upon his
before the application may be acted upon; voluntary submission to the court.

Literally a custody over the body of the E.g. An accused escapes custody after his trial has
accused commenced.

INJUNCTION TO RESTRAIN CRIMINAL PROSECUTION------NOT


Injunction will not be granted to restrain a criminal prosecution since public interest requires that criminal acts be
immediately investigated and prosecuted for the protection of society.
XPNS: 1. To afford adequate protection to the constitutional rights of the accused.
2. For the orderly administration of justice/avoid oppression/avoid multiplicity of actions
3. There is a prejudicial question which is subjudice
4. Officer in excess or lacks authority
5. Prosecution is under invalid law, ordinance or regulation
6. Double jeopardy
7. Court has no jurisdiction over the offense
8. Case of persecution rather than prosecution
9. Charges are manifestly false and motivatedby lust for vengeance
10. Clearly no prima facie case against the accused and a motion to quash on that ground has been denied.

MANDAMUS TO COMPEL PROSECUTION


1. Public prosecutor-wide latitude of DISCRETION in determining whether a criminal case shall be filed in court
2. Mandamus is issued when any tribunal, corporation, board, officer or person unlawfully neglects the performance of an
act which the law specifically enjoins as a duty resulting from an office, trust or station.
3. However, the moment he finds one one so liable, it becomes his inescapable duty to charge him therewith and to prosecute
him for the same. The rule loses its discretionary character and becomes mandatory
4. The failure to do his duty is tantamount to a deliberate refusal to perform a duty enjoined by law.

CRIMINAL JURISDICTION OF TRIAL COURTS

A. CRIMINAL JURISDICTION OF MUNICIPAL TRIAL COURT, MUNICIPAL CIRCUIT TRIAL COURT AND
METROPOLITAN TRIAL COURT (6 years and below)
-except in cases falling within the exclusive original jurisdiction of RTC and of the Sandiganbayan
1. Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective
territorial jurisdiction;
2. Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding 6 years;
3. This indicates that the MTC does not at all times has jurisdiction over offenses punishable with imprisonment not
exceeding 6 years;
4. Exclusive original jurisdiction over offenses involving damage to property through criminal negligence;
5. Violations of B.P. 22 which shall be governed by the Rules on Summary Procedure in criminal cases;
6. Summary procedure in certain cases;
7. Special jurisdiction to decide the application for bail in criminal cases in the absence of all RTC judges in a province;

Summary Procedure in Criminal Cases


MTC, MTCT & MTCC
Cases subject to summary procedure:
Violation of traffic laws, rules and regulations
Violations of the rental law
B.P. 22 cases
Violations of municipal or city ordinances
Imprisonment not exceeding 6 months or a fine exceeding 1,000.00 or both
Damage to property through criminal negligence
The filing of criminal cases under summary procedure may either be complaint or information
May be accompanied by the affidavits of the witnesses in such number of copies plus 2 copies for the courts files.
If no cause or ground- dismiss the case; if there is, then arraignment and trial will be set
If the accused is in custody for the crime charged, he shall be immediately arraigned. If he enters a plea of guilty, he shall
forthwith be sentenced.
Before conducting the trial, the court shall call the parties to a preliminary conference during which the following may be
done:
Entering into stipulation of facts;
Considering the propriety of allowing the accused to enter a plea of guilty to a lesser offense;
Taking up such other matters to clarify the issues and to ensure a speedy disposition of the case;
If the accused refused to stipulate or fails to do so, such refusal or failure shall not prejudice the accused
Any admission of the accused made during the preliminary conference must be reduced to WRITING and signed by
the accused and his counsel.
If this requirement is not met, such admission shall not be used against him.
During the trial, an actual direct examination of the witnesses is not required.
REQUIRED IN CROSS-EXAMINATION, RE-DIRECT EXAMINATION OR RE-CROSS EXAMINATION
The court is mandated not to order the arrest of the of the accused EXCEPT where the ground is his failure to appear
when required by the court.
If he is arrested, he may be released on bail or on recognizance by a responsible citizen
Then the court shall promulgate the judgment not later than 30 days after the termination of the trial.

PROHIBITED PLEADINGS, MOTIONS AND PETITIONS IN SUMMARY PROCEDURE IN CIVIL AND


CRIMINAL CASES under 1991 Rule on Summary Procedure:
a) Motion to quash or motion to dismiss the complaint EXCEPT if the ground is lack of jurisdiction over the subject
matter or failure to comply with the barangay conciliation proceedings
b) Motion for bill of particulars;
c) Motion for new trial, or for consideration of a judgment or for reopening trial
d) Petition for relief from judgment
e) Motion for extension of time to file pleadings, affidavits or any other paper
f) Memoranda
g) Petition for certiorari, mandamus, or prohibition against any interlocutory (pending) order by the court
h) Motion to declare the defendant in default
i) Dilatory motions for postponement
j) Reply
k) Third-party complaint; and
l) Interventions

CRIMINAL JURISDICTION OF THE REGIONAL TRIAL COURT


1. Exclusive jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except
those now falling under the exclusive and concurrent jurisdiction of the Sandiganbayan
2. Original jurisdiction in the issuance of writs of
a) Certiorari
b) Prohibition
c) Mandamus
d) Quo warranto
e) Habeas Corpus
f) Injunction
3. Appellate jurisdiction over all cases decided by MTC within its territorial jurisdiction
4. Special jurisdiction of certain branches to handle exclusively criminal cases as may be determined by the Supreme
Court.
5. Jurisdiction over criminal cases under specific laws
a) Over criminal and civil aspects of written defamation (Art.360, RPC)
b) Designated special courts over cases in violation of the Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165) as
provided under Sec. 90 thereof;
c) Designated RTC branches for violations of intellectual property rights (R.A. 8293)
d) To try all cases on money laundering. Except those committed by public officers and private persons who are in
conspiracy with such public officers, shall be under the jurisdiction of Sandiganbayan

CRIMINAL JURISDICTION OF THE SANDIGANBAYAN


1. Is set by P.D. 1606, as amended;
2. The applicable law provides:
a) SECTION 4: ORIGINAL JURISDICTION OF SANDIGANBAYAN
i. Violations of R.A. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act (Sec 4[a] of
P.D. 1606, as amended); Violations of R.A. 1379 or otherwise known as An Act Declaring Forfeiture in Favor of the
State of Any Property Found to Have Been Unlawfully Acquired by Any Public Officer or Employee (Sec 4[a] of
P.D. 1606, as amended); Violations of Chapter II, Section 2, Title VII, Book II of RPC (Sec 4[a] of P.D. 1606, as
amended). Theses offenses refer to the law on bribery in all its forms including corruption of public officers (Art.s
210-212, RPC) WHERE 1 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. Official of the executive branch occupying the positions of regional director and higher, otherwise classified
as Grade 27 higher of the Compensation and Position Classification Act of 1989 (R.A. 6758), specifically
including:
a) Provincial governors, vice-governors, 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 treasurer, 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 classified as Grade 27 and up under 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 nder Compensation and Position
Classification Act of 1989
ii. Other offenses or felonies whether simple or complexed, with other crimes, committed by public officials
mentioned in subsection a of this section in relation to their office
iii. Civil and criminal cases filed pursuant to and in connection with E.O. 1,2,14 and 14-A issued in 1986.

APPELLATE JURISDICTION OF SANDIGANBAYAN


In cases where none of the accused are occupying positions corresponding to salary grade 27 or higher, exclusive original
jurisdiction thereof shall be vested in the proper RTC, MTC, MCTC, MCCT, as the case may be, pursuant to their respective
jurisdiction as provided in B.P. 129, as amended.

The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions, or orders of RTCs
whether in the exercisr in the exercise of their own original jurisdiction of their appellate jurisdiction as herein provided.

EXCLUSIVE ORIGINAL JURISDICTION over petitions for the issuance of the writs of mandamus, prohibition,
certiorari, habeaus corpus, injunctions and other ancillary writs and processes in aid of its appellate jurisdiction over petitions
of similar nature, including quo warranto, arising or that may arise in cases filed or which may be filed under E.O. 1,2,14, and
14-A, issued in 1986: PROVIDED, that the jurisdiction over these petitions shall not be exclusive of the SC.

NOTE:
1. E.O.s refer to orders on sequestration cases.
2. Salary grade alone does not determine jurisdiction of the Sandiganbayan
3. Offenses committed in relation to the office- the offense cannot exist without the office or the office must be a
constituent element of the crime as defined by statute.
4. When the actual allegations of the intimacy between the offense and the official duties of the accused need not
appear in the information
5. In those cases where public office is not a constituent element of the offense charged, the information has to
contain specific factual allegations showing the intimate connection between the offense charged and the public
office of the accused, and the discharge of his official duties or functions-whether improper or irregular.
6. An offense is deemed to be committed in relation to the public office of the accused when
a) Such office is an element of the crime charged or
b) When the offense charged is intimately connected with the discharge of the official functions of the accused
7. A private person may be indicted for conspiracy in violation of Anti-Graft and Corrupt Practices Act even if the
public officer, with whom he was alleged to have conspired, died prior to the filing of the information
8. Anti-Money Laundering Cases committed by public officers and private persons, who are in conspiracy with each
other-SANDIGANBAYAN JURISDICTION; same with Plunder Law
9. Forfeiture cases- R.A. 1379- any property found to have been unlawfully acquired by any public officer or
employee shall be forfeited in favor of the State
10. In a prosecution of plunder- it establishes the commission of the criminal acts in furtherance of the acquisition of
ill gotten wealth while in forfeiture cases under R.A. 1379, the court needs to determine, by preponderance of
evidence, is the disproportion of respondents properties to his legitimate income.

Filing of the MOTION FOR RECONSIDERATION- does not stop the filing of an information

MTC
Before and After Conviction-------MATTER OF RIGHT

RTC
Before Conviction After Conviction
Punishable by DRL Discretion (end of the guilt is strong) NO BAIL
Not Punishable DRL Right Discretion